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Eshetu Fantaye, Vice President of Awash Bank, was
sentenced to six months of imprisonment and a fine
of 4,000 Br on February 3, 2010, for causing the
loss of the life of a pedestrian in a car accident
two years ago on February 6, 2008.
The defendant was charged with negligent homicide
for the incident, which occurred on Cameroun Street
from Bole Medhanealem to Bole Bras around the Kebele
23 Recreation Centre at 10:00am. The victim was
rushed to the hospital but did not survive.
The prosecutor argued that the person was crossing
the road on the zebra crossing when he was hit by
the car Eshetu was driving. This claim was supported
by documentary evidence from traffic police and by a
witness who was said to have been at the site.
He had admitted guilt to the police because life had
been lost due to the accident, the defendant said.
“The victim, who was hesitating to cross the road,
fell on the car while it was passing. When the
accused swerved his car to the side, the victim fell
on the road. We picked him up and took him to the
hospital,” the defense witness, Sebsibe Fantaye,
Eshetu’s brother, who was in the car with him at the
time, had testified.
Sebsibe’s testimony was rejected by the court
because of his family ties with the accused which
might influence his judgment. However, the court
accepted the mitigating grounds raised by the
defense lawyer, which included the absence of past
criminal records, that the incident was sudden and
accidental, and that the accused had taken the
victim to the hospital in an effort to save his
life.
Without mitigating factors the accused could have
received light imprisonment of one to five years and
a fine of 3,000 to 6,000 Br, the court said.
Negligent homicide cases relating to car accidents
which are brought to the attention of a public
prosecutor result in the conviction of the defendant
90pc to 95pc of the time because it is usually easy
to find evidence proving the case, according to a
public prosecutor at the Lideta Justice Bureau.
During the first half of the 2009/10 budget year,
174 fatal car accidents were recorded by the Addis
Abeba Administration Traffic Police Accident Control
and Inspection Department. During the same period,
the Eighth and 15th Divisions of the Criminal bench
of the Federal High Court dealt with 413 cases
relating to negligent homicide caused by car
accidents, out of which 186 are still pending in
these courts.
However, the reported accidents to the Addis Abeba
Administration Traffic Police Accident Control and
Inspection Department have shown signs of decline
after the coming into force of the Addis Abeba
Administration Road and Traffic Safety Regulation
No. 27/2009, according to Assefa Mezgebu (Sajin)
public relations officer of the department. |
Mitigating circumstances reduce his negligent homicide
penalty