Source: Internet
The First Grade Magistrate Court sitting in Lilongwe has acquitted Alick Mlungu, a Lilongwe-based truck driver, who was facing two counts of causing death by reckless driving and one count of reckless driving, contrary to the Road Traffic Act.
Mlungu was arrested in April 2024 after allegedly driving his truck with wanton disregard for the safety of others, leading to the deaths of two motorcycle passengers, Lyson Modani and Samuel Dulla, and causing serious injury to another passenger, Aubrey Chilipa.
While in detention at Area 3 Police Station in Lilongwe, Mlungu sought legal assistance from the Legal Aid Bureau. His case was handled by Principal Legal Aid Advocate Janet Mkomera Kamoto with assistance from Legal Aid Officer Nema Mkandawire.
During trial, the Court heard that Mlungu was driving a truck with two trailers, measuring about 38 metres in length, from Mpingu to Area 55 along the bypass road. At 6 Miles, a police officer stopped him and informed him that his vehicle had struck a motorcycle carrying three people. The officer inspected the trailer and discovered blood on some of its tyres.
Mlungu reportedly told the officer that he may not have noticed the collision because of the length of the trailer, adding that the motorcycle might have been overtaking him in a blind spot and on the wrong side of the road.
He pleaded not guilty to the charges. The State paraded six witnesses, after which the Court found him with a case to answer. Mlungu testified as the sole defence witness.
The defence submitted that a man identified as Mr. Longman had witnessed the motorcycle overtaking the truck on the left-hand side but was not brought before the Court, as the State claimed to have lost his contact details. The defence argued that his testimony would have clarified who was negligent in the incident because he was a key witness, whom the state failed to bring to Court.
In its ruling, the Court held that Mlungu had not driven recklessly, concluding instead that it was the motorcycle rider who was negligent, as he had attempted to overtake in a dangerous position between the truck and a pedestrian. The Court also observed that the motorcycle was carrying two pillion passengers, contrary to road traffic regulations.
The Court therefore found Mlungu not guilty, ruling that the State had failed to prove its case against him.
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