THE Luanshya Magistrate Court has reserved judgement in a matter where a 32 year old pirate taxi driver has been charged with four counts of traffic offences.
Before Magistrate Chitundu Kalungu was Diamond Chisenga of house number 836 Mikofwa Township.
In the first count Chisenga is charged with using a private vehicle as a public service vehicle contrary to section 102 (1) of the Road and Roads Traffic Act number 2164 as amended by act number 11 of 2002.
Facts before court were that Chisenga on 18 July 2014 at about 11:45 hours along 14th street at Pick and Pay Stores Luanshya in Luanshya district of the Copperbelt province whilst driving motor vehicle, Toyota Corolla registration number ACX 4050 did use the private motor vehicle as a public service vehicle for carriage.
In the second count Chisenga is charged with disobeying police officers directives in uniform contrary to section 127 (1) of the penal code chapter 87 of the laws of Zambia.
And Chisenga in the third count is charged with dangerous driving contrary to section 155 (1) of the Road and Roads Traffic Act as amended by act number 11 of 2002.
While in the fourth count the accused stood charged with obstruction of Broadway by a motor vehicle contrary to the laws of Zambia.
According to state prosecution witness, female Constable Precious Make demonstrated to the court when it visited the crime scene how Chisenga was found in the middle of the road loading passengers along 14th street.
Meanwhile the arresting officer Constable Mike Kapembwa demonstrated how he had come out of the police vehicle and warned cautioned Chisenga about his conduct, and that when he ordered Chisenga to accompany him to the police station, Chisenga drove off at an alarming speed endangering passing other road users.
During cross examination Chisenga asked constable Kapembwa if he had seen him driving the vehicle and to state the type of clothes he was putting on, Constable Kapembwa told the court that Chisenga who on the particular day was driving a tinted vehicle had closed all the window and only slide down about 15 centimeters on the driver’s side which only enabled him to see his face.
Chisenga has been granted a cash bail amounting to K2000.00 which would be deemed null and void if convicted.
The bail conditions require Chisenga to provide to working sureties who should be of