Mangochi First grade magistrate court ordered Rafik Alabeni(27) to pay a fine of K1,000,000. for contravening sections 35c, 126(4c) and 237 of the road traffic act respectively.
The Station Prosecution Officer inspector Efford Kamphonje told the court that, on the afternoon of July 30, 2018 the accused was driving a 10 tonner Hino Ranger lorry registration number NU5408 from the direction of Namwera heading Mangochi boma with 200 bags of maize and 11 passengers on board.
As he was descending Chowe hills he hit a nearside road embarkement due to speeding.
As a result all passengers were thrown off board and some were buried under the loosen load.
Kamphonje added that, following the impact one passenger Rajab lmedi(69) of Manyamba village in the area of traditional authority Chimwala D. Mangochi sustained severe head injuries and died on the spot.
Eight passengers sustained serious injuries and fractures and were rushed to Mangochi District hospital for treatment while other two escaped with minor injuries.
Appearing in court the accused person pleaded guilty to all charges laid against him.
In his submission before sentence Kamphonje pleaded with the court to impose a stiffer penalty since the accused carried several passengers on top of the goods disregarding the road safety rules.
Kamphonje added that the accused also did not observe speed limit despite that the road has sharp bends and dangerous slopes.
When passing judgement his worship first grade magistrate Ronald M’bwana concurred with the state.
He therefore ordered him to pay a fine of K1,000,000 in default 36 months imprisonment with hard labour. If paid K250,000 will be given to the bereaved family and K40,000 to each victim as compensation.
In the meantime the accused has paid K250,000 only and has been given a period of two weeks to look for the balance but the said motor vehicle is still in the hands of law enforcers. If he fails the motor vehicle will be fortified to Malawi government.
Rafik Alabeni hails from Saiti kadzuwa village in the area of traditional authority Mponda in Mangochi.
