Drunk driver who hit and killed Congolese student in north Cyprus sentenced to 6 years in prison

Man who caused the death of a foreign student while driving under the influence of alcohol in north Cyprus in December 2023 has been sentenced to 6 years in prison.

The decision against the defendant, Hüseyin Bal, 25 a Turkish national was announced by the Lefkosa Heavy Penal Court on Tuesday December 17, 2023.

The accident happened on Osman Örek Street in Lefkosia at around 11.45 pm on December 23, 2023 when Hüseyin Bal, who was driving under the influence of alcohol and without a drivers license struck Gabriel Shimata Kasongoo, 25, a Congolese national who was riding a bicycle in the same road.

Gabriel was thrown about 3 meters into the air upon impact and fell 56 meters away from the scene of the accident, while the driver of the vehicle then stopped 105 meters away from the scene of the incident.

Kasongo who was seriously injured in the accident was taken to the Lefkosia State Hospital but died despite all attempts to save him.

Police said the driver was driving carelessly under the influence of alcohol and carelessly changed lane to the one Gabriel was on while approaching a traffic light on the night of the incident. 

After his arrest, Hüseyin gave a false statement that he was not the one driving the car. The real owner of the car, Ömer Tüsün said they lied to the police that he was driving the vehicle at the time of the accident because he was shocked.

Police stated that the suspect came to the country in 2022, had a work permit but did not have a strong connection with the country.

Delivering the judgement, the judge recalled that the defendant was driving under the influence of 98 promille alcohol and while approaching the Citroen traffic lights, he carelessly changed lanes and struck Gabriel Shımata Kasongo, who was cycling in the same direction in the first lane.

When evaluating the facts of the accident, the judge noted that the vehicle stopping 108 meters after the collision demonstrated the excessive speed of the defendant. Additionally, the video footage of the moment showed the deceased being violently thrown, reflecting the severity of the crash. 

The judge stated that the defendant had invited disaster by driving under the influence of alcohol, at high speed, recklessly, carelessly, and without a valid driving license. The judge also noted that the defendant did not reduce his speed while approaching the traffic lights, as seen in the camera recordings and emphasized that the increasing traffic accidents are causing concern in society and that individuals like the defendant, who pose a danger on the roads, cannot be treated with leniency.

The judge explained that parliament had amended the law to increase penalties for fatal accidents; however, at the time of the accident in question, the maximum penalty in effect was 7 years imprisonment. Therefore, the defendant’s sentence would be determined within this legal framework. 

The judge stated that the defendant being 25 years old, young, with no prior convictions, and admitting his guilt were considered mitigating factors. 

The judge then announced that, with unanimous agreement, the defendant was sentenced to 6 years in prison.

Gabriel Shimata Kasongoo was to graduate in June, 2024.