High Court fines man K4,500 for causing death by dangerous driving By

Judge Mallet; Hammer
Judge Mallet; Hammer

LUSAKA High Court judge Mungeni Mulenga on Friday convicted and fined a Lusaka man K4,500 or in default serve nine months simple imprisonment for causing death by dangerous driving.

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It was alleged that Mondoloka Mutande, 39 on January 10 this year in Lusaka hit a pedestrian, Mathews Mposeko Motoka, who died on the spot.
It was alleged that around 21:00 hours on the material day, Mutande, a resident of Lusaka’s Nyumba Yanga, was driving a Toyota Vitz registration number ACT 63 on Kafue road near John Laing bus stop when he hit Motoka.
In convicting the accused, judge Mulenga suspended Mutande’s drivers licence for a month and also ordered him to pay the fine within a few days.

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The court heard that Mutande on the fateful day was driving from the southern direction heading north on Kafue road while the deceased was crossing the road from the eastern direction to the west.

The court further heard that Mutande was driving at high speed and failed to look out for pedestrians.

And according to the postmortem conducted by a forensic pathologist at the University Teaching Hospital, a Dr T Musahkanov, Motoka died of traumatic shock due to a fractured thoracic and lumbar vertebra, injuries which were inflicted during the accident.

Arresting officer, a constable Bwalya, said Mutande was formally charged after it was established that he was driving at high speed and that his drivers’ licence had expired.

Bwalya had testified that Mutande told him that he saw the pedestrian staggering on the road but that he failed to take any precaution to avoid the accident.

Bwalya said the accused even paid admission of guilty money before he was taken to court.

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