Man who caused Chief Justice accident walks to jail with simple imprisonment

_{By LUCY PHIRI}

A LUSAKA driver, Dyamini Philemon has been sentenced to 18 months simple imprisonment for causing an accident which endangered the life of his Lordship the Chef Justice, Mumba Malila SC.

The court also sentenced him to a fine of K30,000 for failing to change ownership for his motor vehicle.

The accident occurred on August 30, 2024 by dangerous driving.

In this matter, Dyamini Philemon, 35, of Lilayi was charged with two counts of dangerous driving contrary to 155(1) of the roads and road traffic act no 11 of 2002 and failing to change ownership Contrary is Section 13 (a) (b) of the Laws of Zambia.

Philemon admitted to the charge stating that he bashed Dr. Malila because the brakes failed him.

Brief facts are that, on the 30th day of August, 2024 at around 18:00 hours, in Lusaka the accused person was driving a motor vehicle namely, BMW bearing registration number BAP 3706 on Independence Avenue Road, a Public road, from the northern to the southern direction.

As he was driving, he lost control of the vehicle due to excessive speed and consequently the Motor vehicle traversed the pavement positioned on the middle of the said road and hit into a motor vehicle on the opposite lane namely, GRZ 1 Mercedes Benz which was being driven by Ndhlovu Newton,the driver of His Lordship the Chief Justice of the Republic of Zambia, Honourable Malila.

The GRZ 1 Mercedes Benz careered off the road and hit into a TOYOTA HILUX bearing registration number BAP 6367 which was stationary at civic centre bus stop. The Toyota Hilux hit into another stationery vehicle which was also parked at civic centre bus stop namely, Toyota Hiace Mini bearing registration number BAK2982.

The Chief Justice and Ndhlovu sustained serious injuries and were rushed to Maina Soko Military Hospital Due to the seriousness of the injuries, he had to be evacuated to South Africa for specialist treatment.

When the matter came up yesterday at the Lusaka fast track court for reading of facts and sentencing, upon his own admission of guilt, magistrate Moffat Phiri found him guilty and convicted him accordingly.

In mitigation, the now convict through his lawyer said he was a first offender and 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.”

“We implore you to merely as always do Justice with mercy while fringe regard to the issues we have raised in our mitigation as our client has not wasted your and our colleagues’ time with his immediate admission of guilt,” accused lawyer said.

However, Mr. Phiri said he took note that the accused was a first offender but he had also taken into account the gravity in which the accident occurred.

“His vehicle was in good condition, one can only wonder what happened. 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 would be offenders are deterred.”

“I sentence you to 18 months simple imprisonment with effect from today. In 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,” Mr. Phiri ruled

TO REGISTER FOR EPAPER GO TO…https://epaper.dailynationzambia.com/