6th Avenue kombi driver who killed two pedestrians denies crime

It is trite that the Messenger of Court cannot proceed with a sale as soon as funds sufficient to pay the judgment debt and costs have been raised

THE 28-YEAR-OLD Bulawayo kombi driver who recently ploughed into a group of people along the 6th Avenue illegal taxi rank, killing two and injuring 15, has pleaded not guilty to all counts.
Simbarashe Chokumanyara of Emakhandeni suburb appeared on Wednesday before Bulawayo regional magistrate, Mr Mathew Mutiro, facing two counts of culpable homicide and a negligent driving charge.

Chokumanyara is represented by his lawyer, Mr Kholwani Ngwenya of TJ Mabhikwa and Partners.
In his defence, Mr Ngwenya said: “The accident scene is heavily populated with pedestrians, vendors, and pirate taxis. Furthermore, the road has a steep descent. The accident occurred in the evening around 7.30pm as it was getting dark”.
The accident scene is not a designated pick-up point or pedestrian crossing point.
“He parked his motor vehicle, a Toyota Hiace, along 6th Avenue due west diagonally opposite a fuel service station,” Ngwenya further argued.

“Passengers boarded the motor vehicle and took off, a pedestrian suddenly came running, approaching the vehicle from his left-hand side intending to cross the road from a nearby supermarket direction.
“The pedestrian’s appearance was so sudden that the accused had to avoid hitting the pedestrian by swerving to his right-hand side, and as he swerved, he noticed that there was also an oncoming vehicle on the side where he was swerving to. To avoid a collision with the oncoming vehicle, he again swerved towards a fuel service station,” he added.

Mr Ngwenya said that while Chokumanyara’s vehicle swerved, it developed a mechanical fault.
“The vehicle developed mechanical faults on its steering, brakes, and accelerator. He tried to control the vehicle; unfortunately, it hit a pedestrian, and thereafter hit several people lined up along the road before coming to an abrupt halt close to the supermarket entrance,” he stated.
“The accused person, therefore, denies being negligent. He made all the efforts to keep a proper lookout and made efforts to stop the vehicle when the accident seemed imminent,” argued Mr Ngwenya.

The matter was postponed to 5 June for judgment.
Prosecuting, Mr Owen Mugari told the court that on 28 January at around 7.30pm, Chokumanyara was driving a Toyota Hiace kombi vehicle, registration number ACL 4788, along 6th Avenue between Lobengula Street and Herbert Chitepo Street.

The vehicle had 17 passengers on board and he was reportedly speeding.
The court heard that Chokumanyara lost control of the kombi, side-swiped a tree, and struck two pedestrians who died instantly, while 15 passengers sustained injuries.

The injured were rushed to Mpilo Central Hospital, while the two bodies were taken to the mortuary at the same hospital.
The vehicle was sent to the Vehicle Inspection Department (VID) in Bulawayo for inspection.