Kitwe businessman bites off driver’s ear

Lusaka High Court

THE Kitwe Magistrate’s Court has found a businessman who allegedly bit off his driver’s ear, with a case to answer and put him on his defence.
In this case, Benson Nkandu, of house number 1041 Kwacha in Kitwe, is facing one count of grievous bodily harm, after he allegedly cut off his driver’s ear with his teeth.
The offence is contrary to Section 229 of the Penal Code, Chapter 87, of the Laws of Zambia.
When the matter came up for ruling last Wednesday, magistrate Lenard Tembo said he was satisfied with evidence from the prosecution witnesses.
“After looking at evidence on record from the state witness, I am satisfied that a prima facie case has been established against you, and I, therefore put you on your defence so that I can hear from your side,” Mr Tembo said.
When the court explained the three options that Nkandu had in defending himself, he opted to remain silent.
It is alleged that on May 10, 2015, in Kitwe, Nkandu unlawfully caused grievous harm to Albert Kalabatima, his head driver.
During trial, the complainant testified that on the material day, he was at home when his boss phoned him and asked him to go to his place.
The court heard that upon arrival at his employer’s house, Kalabatima was assigned to take a vehicle for servicing. The complainant was instructed to return and collect the service fee later.
Kalabatima said when he returned to collect the K50 that he was charged by a mechanic, his boss obliged and gave him the money. However, when he turned to leave Nkandu’s premises, the accused grabbed him and bit his ear until it fell to the ground.
The matter was reported to the police and Nkandu was arrested and charged with the subject offense.