Mlungu Acquitted in Fatal Lilongwe Road Accident Case

The First Grade Magistrate Court in Lilongwe has acquitted Alick Mlungu, a 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 being accused of driving negligently and causing the deaths of two motorcycle passengers, Lyson Modani and Samuel Dulla, while seriously injuring another, Aubrey Chilipa.

The case was defended by Principal Legal Aid Advocate Janet Mkomera Kamoto, assisted by Legal Aid Officer Nema Mkandawire.

During trial, the State paraded six witnesses and argued that Mlungu was reckless when his 38-metre truck with two trailers allegedly struck the motorcycle. However, Mlungu maintained he had not noticed the collision, suggesting the motorcycle might have been overtaking in a blind spot and on the wrong side of the road.

The defence pointed out that a key eyewitness, identified as Mr. Longman, reportedly saw the motorcycle overtaking on the left-hand side of the truck but was not brought to court because the State claimed it lost his contact details.

In its ruling, the Court found that Mlungu had not driven recklessly and that the negligence lay with the motorcycle rider, who dangerously attempted to overtake between the truck and a pedestrian. The Court also observed that the motorcycle was illegally carrying two pillion passengers.

The Court concluded that the State failed to prove its case, and Mlungu was found not guilty on all counts.

Source: Malawi Legal Aid Bureau