By Esther Chisola
The Lusaka Fast Court has sentenced a 35-year-old man of Lusaka, who caused the accident in which Chief Justice Mumba Malila sustained injuries to 18 months’ simple imprisonment.
Magistrate Moffat Phiri has also fined Philemon Dyamin K30,000 to be paid on or before November 22, 2024, in default, a warrant of distress will be issued against him.
In this matter, Dyamini pleaded guilty to two counts of dangerous driving and failing to change ownership of the car which he was driving at the time of the accident.
After reading the facts, magistrate Phiri accordingly found him guilty and convicted him.
“I have heard the facts. On your own admission of the offences charged, I hereby find you guilty as charged and convict you accordingly,” ruled the court.
And in mitigation through his lawyer, Dyamini asked for leniency stressing that he was a family man with a wife who was eight months pregnant.
“The now convict is a first offender and we are asking for mercy. The now convict has been remorseful and has in fact, taken steps to reach out to the persons involved in the accident, a clear indication of his remorse regarding what transpired,” he said.
“Our client has a wife who is just about eight months pregnant and our client takes the requisite steps in both financially supporting her as well as other stakes taken by a diligent and responsible father to be. Therefore, as you pass the sentence, financial resources would be a strain on our client”.
He further asked the court to tender justice with mercy.
“The nature of the work of our client is that he is in fact employed by the largest revenue collector of Zambia and through his works, not only through his salary, but his works allow the maximum realisation of revenue aids the state and equally you,” said Dyamini.
The court said had taken into account the fact that the accused was a first offender who readily accepted the charges.
Magistrate Phiri also said he had also taken into account the gravity in which the accident occurred.
“We have had so many fatal accidents in the month of October 2024, as a result of human error. The gravity of the circumstances require that offenders are deterred. I sentence you to 18 months’ simple imprisonment with effect from today and on count two, I hereby fine the accused K30,000 to be paid on or before November 22, 2024, in default, a warrant of distress will be issued against the convict,” ruled the court.
