Malawi killer driver walks free after paying fine

The Balaka First Grade Magistrate has ordered a 42 year old man to pay a fine of K102, 500.00 or in default serve 12 months imprisonment with hard labour for causing death by reckless driving.

Police Prosecutor Sergeant Hunter Masamba told the court that the suspect Francis Mzunga hit a 20 year old pedestrian Shaibu Rabson along Balaka – Chingeni road due to reckless or negligent driving which is contrary to section 126 of Road Traffic Act.

”Due to the accident, the victim sustained severe head injuries and was admitted to Zomba Central Hospital where he was discharged but died two months later at Balaka District Hospital while receiving treatment.”

The suspect pleaded guilty to the charge before the Balaka First Grade Magistrate Court and upon submission of the facts by the state the court found the accused guilty and consequently convicted him.

And in his submission before sentence, Sergeant Masamba asked the court to consider giving the suspect a stiffer sentence considering the increase of road accidents in the country.

First Grade Magistrate Damson Banda conquered with the state that the country is losing a lot of people due to road accidents caused by reckless or negligent driving by drivers like Francis Mzunga.

But considering the fact that he is a first offender as said by the state, and that he pleaded guilty to the charge, Banda ordered him to pay a fine of K102, 500.00 out of which  K90, 000.00 will be compensation to the bereaved family and the rest will be for administrative costs; and in default serve 12 months imprisonment with hard labour. Meanwhile, the suspect has paid the fine.

Both the deceased Shaibu Rabson and the suspect Francis Mzunga come from Mponda village, in the area of Senior Chief Nsamala in the same district of Balaka.

But a member of the deceased family said the fine is “just a bad joke.”

He added: “It is an absolute insult. This case sends out completely the wrong signals to drivers.”

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ine
Guest

Ali Kaka is walking free in the streets of Malawi when he actually took a gun and shot someone and someone was involved in an accident and we comment stupidly. Real criminals are walking free and we are busy commenting like the driver planned this mxiiii

KANDAWE
Guest

STUPID COMENTORS, MUNTHU SUMAKOZEKELA NGOZI

DANIEL PHIRI
Guest

this was an accident. that is why such a fine was imposed, I don’t think this particular drive woke up that morning and made a deliberate decision to go on the road and kill the late victim. this is not murder, it’s an accident.
DRIVERS PLEASE TRY TO DRIVE WITH CAUTION. THIS YOUNG MAN WAS SUPPOSED TO HAVE A WHOLE LIFE A HEAD OF HIM.

TSAKHO LIMENELO
Guest
Daniel Phiri please if you have nothing to comment please go home and eat chigwada and matemba YES IS AN ACCIDENT BUT THERE IS DEGREE AND CAUSE OF THE ACCIDENT based on admissible evidence before the court so what it implies to you here STIFFER SENTENCE as per sergeant Masamba this driver was negligent or reckless and killed a innocent person because of his negligent, so what charges you could have put to defendant, CULPABLE HOMICIDE or MURDER. If i were a JUDGE i could have used DOLUS EVENTUALIS : Objectively DRIVER foresees the possibility of his action that he… Read more »
bless
Guest
These 2 families are neighbours. They are so close. Th distance that separates these families is less than 110 m. Its a sad development that th good relationship which was there b4 has ended in this way. Compesation or no compesation life want be brought back but what matters more is life after an accident,hosptal, death and funeral,court and life beyond all these. I suppose there were missed opportunities. Amfumu a mponda{Yokonia}ndi abale, u could settle th issue in one way or another and ur guidance could help avoid damaging more the injured relationship. Court has passed judgement but hate… Read more »
Madalitso
Guest

If the deceased was alive & only sustained severe injuries would the 90,000.00 take him for a better hospital! No sense judgement 5 yrs wd hv bn fair for this!!

SHAME
Guest

It’s not about the magistrate BUT the laws, zakudinyani? talk to your MPS to push this stupid government to do something about it.

Quota system
Guest

Balaka magistrates are never short of drama and controversies. Look at the sentences they mete out for rapists.

galu wa galu
Guest

DumSon Banda is corrupt. I know him.

Mwana Mlomwe
Guest

Mr Balaka First Grade Magisrtate what does this mean to the believed family ? You want to mean that had it been that it was ur son you would have passed the same judge ment? Stupit man

godobaman
Guest

Moo wamunthu ndi ka k102.500.00 koma inu kodi za ukhothi wanuwo mumakaphunzira kuti ?

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