Conductor to serve community for beating driver

Judge Mallet; Hammer
Judge Mallet; Hammer

A MINIBUS conductor, aged 20, has been sentenced to 60 days community service or in default four months simple imprisonment for assaulting a bus driver.


Magistrate Changa Chitabo convicted Modester Fundanga of unknown house number but in Old Twapya township after he pleaded guilty to assault and escaping from lawful custody.
“I have noted that you are a first offender who readily pleaded guilty to the charge without wasting the court’s time.
“The offences you are charged with are misdemeanours. I sentence you to 60 days community service. In default, you will serve six months simple imprisonment,” Mr Chitabo said.


Particulars of the offence are that Fundanga on June 2, this year, in Ndola assaulted Isaac Kunda, thereby occasioning him actual bodily harm.


And 13 days later, Fundanga who was detained by police, escaped from Twapya Police Post.
In mitigation, the accused pleaded with the court for leniency saying he had just been employed as a bus conductor and needed to take care of his expectant wife.


Facts before court were that on the material day, around 18:00 hours, Mr Kunda who is employed as a minibus driver, met Fundanga at Twapya market who questioned him why he had parked his vehicle that early.


The court heard that Mr Kunda told Fundanga that he had the right to knock off any time because he was a driver and unlike him (latter) who was a call-boy.
A scuffle ensued and Fundanga punched Mr Kunda in the face and he sustained a swollen left eye.


The matter was reported to Twapya Police Post and Fundanga was apprehended in connection with the offence.
The court heard that whilst in police custody, Fundanga escaped but he was later apprehended and charged for assault and escaping from lawful custody.