THE Livingstone Magistrate’s Court has acquitted an assistant commissioner at the Zambia Prisons Service on one count of careless driving.
This was in a matter in which Crispin Kaonga of Livingstone’s Nottie Broad area was charged with careless driving after he was involved in a road traffic accident.
The particulars of the offence are that on April 9, 2012, in Livingstone, Kaonga allegedly drove a Mitsubishi pickup registration number 1073, along the Livingstone-Zimba road without care, attention and or reasonable consideration for other road users.
Delivering judgment, Livingstone magistrate Naomi Sithole said the state had failed to prove the case against Kaonga as the vehicle in question was not examined after it was involved in the accident.
Ms Sithole said the prosecution had a task to prove the case against Kaonga beyond reasonable doubt.
“It was up to the prosecution to prove that the marks on the road at the point of the accident were as a result of careless driving by Kaonga. This cannot be basis for conviction,” she said.
One of the state witnesses told the court that the chassis number was invisible adding that the electrical, braking, suspension and transmission system could not be tested as the vehicle was extensively damaged.
“Having considered the evidence before me, the matter has not been proved beyond reason doubt, hence I acquit the accused,” she said.
Zambia Daily Mail