Malawian rider goes in for causing death of Zambian boy

THE Chipata High Court has sentenced a Malawian rider to 12 months simple imprisonment for causing the death of a seven-year-old Zambian boy whom he hit with a motorbike.

Before Lusaka judge Mwila Chitabo currently sitting in Chipata was Clement ‘Type’ Mbewe who caused the death of Sitaliko Banda of Kapasa trading area in Chipangali constituency.

Mbewe was charged with a count of causing death by dangerous driving.

Facts of the matter were that Mbewe, who was riding an unregistered Skygo motorbike, hit the deceased on August 25, 2016 at around 17:50 hours.

After the accident, Mbewe, who had no driving licence, fled to his home country and was only brought to Zambia by Malawian police after they apprehended him there in November last year.

In mitigation, senior Legal Aid counsel John Phiri said Mbewe was the first offender, who readily pleaded guilty to the charge.

Phiri said the convict is a peasant farmer who has no fixed source of income.

He said the convict was a Malawian who was in custody during the funeral of the deceased.

Phiri said it was difficult for Mbewe to liaise with the family of the deceased.

Judge Chitabo said he considered the first part of the mitigation that he was the first offender who readily pleaded guilty.

He said Mbewe misled his lawyer by saying he was in custody during the funeral when in fact he had fled to Malawi where he even disposed of the unregistered motorbike.

Judge Chitabo said Mbewe ran away from jurisdiction to seek solace in his country.

He sentenced Mbewe to 12 months simple imprisonment effective last Thursday, fined him K2,000 cash to be paid before November 16, 2017 in default nine months simple imprisonment which would run concurrently with the other sentence.

Judge Chitabo also fined Ignatius Mubita Sinonde K2 500 for causing death by dangerous driving.
Sinonde caused the death of Chakumanda Miti in Katete in 2014.

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