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]
