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SOURCE- $Zambia_Daily_Mail
A PEASANT farmer of Chipalo village in Masaiti has been sentenced to six months imprisonment with hard labour by the Ndola High Court for causing the death of another cyclist in a bicycle accident.
Appearing before judge Anessi Bobo last Thursday was Soft Mafinge, 53, who pleaded guilty to causing death by dangerous cycling.
Mafinge on May 25 this year in Masaiti, caused the death of Peponi Mbeula, 31, while cycling on the Kabwe road in a manner that was dangerous to the public.
Passing the sentence, Mrs Justice Bobo said Mafinge deserved the leniency of the court because he readily pleaded guilty to the charge and did not waste the court’s time.
“Upon your own admission of the facts before court as being correct, I find you guilty of causing death by dangerous cycling and I convict you as charged. But I do note that you are a first offender and that you are but a peasant farmer who is in advanced age.
“In this regard, I will sentence you to six months imprisonment with hard labour with effect from the date you were arrested,” Ms Justice Bobo said.
She granted Mafinge leave to appeal to the High Court within 14 days.
In mitigation, defence lawyer Jonas Zimba asked the court to be lenient on Mafinge as he is a peasant farmer and is in his advanced age.
Facts before court were that on the material day around 20:30 hours at Luamano on the Ndola-Kabwe highway, Mafinge was riding his bicycle from south to west when he collided with the Mr Mbeula’s bicycle who was riding from the opposite direction.
The court heard that Mafinge was riding at fast speed and rammed into Mr Mbeula’s bicycle.
The court heard that Mr Mbeula fell off the bicycle and onto the tarmac.
Mr Mbeula sustained head injuries and died.
Appearing before judge Anessi Bobo last Thursday was Soft Mafinge, 53, who pleaded guilty to causing death by dangerous cycling.
Mafinge on May 25 this year in Masaiti, caused the death of Peponi Mbeula, 31, while cycling on the Kabwe road in a manner that was dangerous to the public.
Passing the sentence, Mrs Justice Bobo said Mafinge deserved the leniency of the court because he readily pleaded guilty to the charge and did not waste the court’s time.
“Upon your own admission of the facts before court as being correct, I find you guilty of causing death by dangerous cycling and I convict you as charged. But I do note that you are a first offender and that you are but a peasant farmer who is in advanced age.
“In this regard, I will sentence you to six months imprisonment with hard labour with effect from the date you were arrested,” Ms Justice Bobo said.
She granted Mafinge leave to appeal to the High Court within 14 days.
In mitigation, defence lawyer Jonas Zimba asked the court to be lenient on Mafinge as he is a peasant farmer and is in his advanced age.
Facts before court were that on the material day around 20:30 hours at Luamano on the Ndola-Kabwe highway, Mafinge was riding his bicycle from south to west when he collided with the Mr Mbeula’s bicycle who was riding from the opposite direction.
The court heard that Mafinge was riding at fast speed and rammed into Mr Mbeula’s bicycle.
The court heard that Mr Mbeula fell off the bicycle and onto the tarmac.
Mr Mbeula sustained head injuries and died.
Zambia Daily Mail
