The Ndola High Court has discharged the case in which Football Association of Zambia (FAZ) Communications Manager Erick Mwanza was charged for the offence of causing death by dangerous driving.
High Court Justice Timothy Katenekwa discharged Mwanza, 35, of Lusaka after the state applied for nolle prosequi in the matter.
The matter was yesterday scheduled for commencement of trial but the state discontinued the proceedings against the accused by a way of a nolle prosequi.
In discharging the accused person, Mr Justice Katenekwa told Mwanza that he was not acquitted of the offence but merely discharged.
“Should the state wish, they may re-arrest you for the same offence,you are now free to go,” Mr Justice Katenekwa told Mwanza.
Mwanza on November 16, last year, allegedly caused the death of Aschel Chingaipe of Ndola contrary to the laws of Zambia.
At that time, Mwanza was driving a motor vehicle registration number ABX 9030 on the Ndola-Kabwe Road in a manner which was allegedly dangerous to the public with no regard to the nature, use, condition and the amount of traffic that could be reasonably controlled.
How can a Nolle be entered, Can we have an explainantion is to what has read to this??
You want Mwanza to be jailed pa kupunka fye umuntu? Those are traditional cases. Mwanza’s family and the late’s family have already made agreements in this matter. You just people are just shouting because you never drive, you go on the road today and report your fate tomorrow.
yalikosa
Around the 80s and 90s we had “tightening of belts”; in the 90s and early 2000s, we had “enabling environments”. Now in the 21st Century we have “nolle prosquis”. Most of us who have lost loved ones to careless drivers feel the pain of them getting away with their crimes. It seems to be a legal practitioner’s boon this nolle prosqui… Good luck when moral justice hits the tarmac.
To be honest the jails are for the poor man like me who only eats once per day Supper ….
mukwai once you are rich and got some sought of fame the jail is “out of bounce” for you whatever case you commit
the Great Kalu factor at play
Kazizi learn to drive carefully.
Maybe some of these cases should be removed from the law. to some, they serve jail term for the same offence, where as others get discharged.
One rule for the rich and another for the poor…how is nolle prosequi possible in a traffic accident related case? This is why I like developed countries as the press would have been on this case.
Chino chalo ni animal farm!!as Petersen would say.
How do we honestly expect to reduce road traffic accidents when you have special rules for the rich and connected …traffic rules are not just there for the poor people and minibus drivers. Not even community service for the 35 year old empty suit Mwanza!!
Weekly Illustrated Magazine in a 1985 edition reported that in India jails overflow with poor people. Yet these poor souls are innocent and will be in the front row in heaven. The reason they are in jails is for sustenance. Being poor they yearn to be in jail so that they can at least get three meals a day. The justice system in India allows an accused person not to be personally present in court but to be represented by a lawyer. He or she can only be fetched if convicted. So accused persons are regarded in high esteem by the poor people who desire to eat the prison food. It therefore, happens that the poverty stricken people desperate for daily sustenance pleadingly negotiate with the accused so that if convicted they (poor) should go in on their behalf. Believe it or not.