Friday, March 29, 2024

MMD cadre jailed for 2 years with simple labour for manslaughter

Share

THE Chipata High Court on Wednesday sentenced an MMD party official to two years in prison with simple labour for causing the death of a Patriotic Front (PF) cadre.

The accused, who is MMD Luangeni constituency youth chairperson, pushed the PF cadre out of a moving truck during last year’s presidential by-election campaign trail.

Appearing before High Court Judge, Philip Musonda was Allan Tonga, 37, a peasant farmer of Masiwa Village in Chief Saili’s area in Chipata District who was charged with one count of murder.

The case was later reduced to manslaughter by the court after the prosecution team applied for an amendment to change the charge to manslaughter.

Facts before the court were that the accused on October 29 during the presidential by-election campaign caused the death of a PF cadre, Chindao Msoni.[quote]

The court heard that the accused pushed Mr Msoni from a moving canter truck, registration number ABG 7344, which was going to Luangeni constituency.

One witness, Whyson Msoni who was on the truck narrated how his brother picked up a quarrel with the accused and how he was pushed out of the moving truck.

He told the court that the fight ensued between the two when the deceased had chanted a PF slogan in the midst of the MMD cadres who were on the truck.

The PF slogan angered the accused who threw Mr Msoni off the moving vehicle.

The deceased’s trousers belt got hooked into the truck and was consequently pulled by the truck for some metres.

The witness told the court that the people on the vehicle shouted to the driver to stop the vehicle but the accused ordered the driver to continue driving.

The deceased who sustained serious multiple injuries and bruises later fell off to the ground after the belt of his trousers that was hooked to the vehicle got cut.

He was picked by another car which was coming behind and was rushed to Mwami Mission Hospital where he died a few days later.

In mitigation, the accused who had pleaded guilty to the charge of manslaughter said he was a first offender and was remorseful for the act.

The accused’s lawyer, Stambridge Chilambo said his client was an HIV/AIDS patient and was taking care of 13 children.

He pleaded with the court to exercise leniency when giving out the sentence.
Mr Justice Musonda said he had taken into consideration what the accused had said in mitigation.

However, Mr Justice Musonda said Zambia was a peaceful and democratic country and everyone had the right to support the party of his choice.

“You should thank the learned counsel who has mitigated for you so well. Initially, I wanted to send you to 10 years in prison with hard labour in order to send a message that I do not condone political hooliganism, but because of your HIV/AIDS status and other factors raised in the mitigation, you cannot get a better sentence than this,” he said.

He said the two-year sentence was in effect from the day he was put in remand.

[Times of Zambia]

32 COMMENTS

  1. When you push someone from a moving truck, that definitely is murder…nothing else, HIV or no HIV, this now is discrimination

  2. bupuba ubu not even sata or lupiya will give a fuc.k about you when elected and you are willing to kill over political differences….damn

  3. Thats Murder and I don’t understand why the court has jailed him with simple labour when he was surposed to be jailed with hard labour. or it because he is an MMD Cader. they jail people with hard labour for steeling a chicken while a murderar with simple labour!!!!

  4. 2 years with simple labour is not enough, he should have been sentenced to death as an example to his fellow caders who thinks they are above the law.

  5. Thug just like his father Ruphia. Whats happening to our judges, when did AIDS become a reason for lesser sentences? where did he get the energy to throw a grown up out of the truck? At the rate they are setting precedents in our legal system

  6. Thts typical of african politicals an thts zambia 4 u anyway ,wht do u espect if th top leadership cn condone brutalising journalist an harrassin thm thts wht u see.

  7. A very big fool who deserves even stiffer punishment. Over stupid politics, you kill a person. He shuold rot and die in prison.

  8. Aquiting the guilty while punishing the innocent is now the order of the day in zambian courts. the judges have lost it all on morals

  9. #111, everything is possible in zambia. the bottomline is this chap has caused a loss in one family and this loss will never be filled up and all musonda can do is feel so lenient about this chap, just see the way judgements are being passed if its an MMD member involved. if the chap is found guilty, its light punishment or else washout

  10. I am sure he will be out on bail. I dont understand how people go on Bail when they have been sentenced to prison pa Zed e.g MMD criminals. Somebody make me understand please

  11. HIV my foot!!! How about the other man’s family that has lost a father/husband. We should be serious in Zambia. We seem to be going back to the FTJ days where the law was twisted to suit his needs.

  12. a man gets 10 years for banging the niece, this nigger gets two years for murder. shame on the legal system in zed. middle finger in the air.

  13. the nigger shud be sentenced to life.he didnt kill a chicken but a human being.He had the energy to push his friend with HIV so he can serve the sentence.The other family lost a husband and a father.When this guy pushed his friend he was not remorsefull and when his friend was being pulled by the truck he was not remorsefull by ordering the driver not to stop.He is not fit to lve among the living but the dead.Just because he is mmd naimwe ba musonda mwabulekela,

  14. #13, Ka’doyo, I can understand. Most people in Zambia including those who are computer literate have never read the CPC, the Criminal Procedure Code of Zambia nor the Penal Code and as a result they end up making baseless statements. A person who has a case involving a bailable offence pending in court can apply to the magistrate or Judge for bail. A convicted person who has filed an appeal is also entitled to the rights and can apply for bail. Whether you get bail or not depends on the Judge or magistrate. Some people wanted RB to condemn the judgement by Chinyama. It is taboo for a President to condemn a judgement by a Court, that is why RB was obliged to ask Zambians to accept the verdict whether he liked it or not. In 2003 Sata was acquitted. Mwanawasa could not condemn the…

  15. In my opinion the bottom line is multi party politics in Africa is divisive. I believe that was the very reason of introducing the idea to weaken Africa’s political systems.

  16. #s 15 and 16 some of us are offended by the word ‘nigger’. Just because ignorant US rap stars use it in their lyrics which glamourise violence and refer to black women as ‘hos’ does not mean you should use that word here. To some of us it is insulting and does not do justice to the millions of black men and women who were denied their liberty and were referred as ‘niggers’ on a daily basis.

  17. I wonder how many years he would have been served if he was aPF cadre who had pushed an MMD chap and killed him. So much foolishness in zed frm high office all the way down, inshaka bwelepo uko kumushi. You can die from BP!

  18. Not long ago a man stole a goat and got 2 yrs now someone murders a guy and also gets 2 yrs!some one explain Zambian law for me. do judges just dream up how long a person should serve or is there some colonial book somewhere with written down laws?

  19. LET SOMEONE APEAL AGAINST THIS DISCRIMINATORY JUDGEMENT PLEASE… this person had the intent to kill and he did kill a father ,a bread winner, a husband…. who is going to take care of the diseaseds siblings?….. while the muderer enjoys with his family, few months from now. IAV BEEN AN OPHARN, I KNOW WHAT IT IS TO HAVE YOUR PARENT KILLED.

  20. HE HAD THE INTENT TO KILL AND HE KILLED BY HIS ACTIONS… TELLING THE DRIVER NOT TO STOP.. HE NEW THE RESULTANT OF HIS ACTIONS.. LET THERE BE BETTER JUDGEMENT…. A ZAF officer was jailed 5 years with hard labour in MUMBWA for sex after an appeal.. What about this KILLER.

  21. “You should thank the learned counsel who has mitigated for you so well. Initially, I wanted to send you to 10 years in prison with hard labour in order to send a message that I do not condone political hooliganism “, Judge Musonda, that was not political hooliganism, that was murder. How does a murderer get the same sentence as a man stealing batteries from shoprite? I thought they had thought out penalties on manslaughter. This is beyond insane!

  22. This sentence is light a life was lost and the cause was an MMD cadre. Imagine if this offence was committed by an opposition political party cadre? Well the sometimes accussed get away with lighter or heavier sentences depending on the mood of the judge on that day. In this case justice has bin done and we should accept the verdict.

  23. God help me!!!! How on Earth can we explain this nonsense? By the way, he is MMD official and Banda’s call worked! What a mess!!!!!!!!!!!!!!!!!!!!!!!! Shame on our judges

  24. The integrity of Zambian courts is diminished. Not only is Zambia one of the poorest countries on earth but it’s also in the corruption league and now this. How a few ignorant men and women intoxicated with power can bring a nation onto it’s knees.

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading