6th Avenue kombi driver who killed two pedestrians found guilty, sentencing on Friday

THE 28-year-old Bulawayo kombi driver who recently ploughed into a group of people along 6th Avenue illegal taxi rank, killing two and injuring 15, has been found guilty.

Simbarashe Chokumanyara of Emakhandeni suburb appeared on Tuesday before Bulawayo Regional Magistrate Mr Mathew Mutiro for judgment. He was facing two counts of culpable homicide and a negligent driving charge.

In passing judgment, the magistrate said: “All witnesses who testified told the court that the driver was speeding, and the court’s belief is that the sudden clutching of brakes was after a pedestrian was flung into the air after being hit by his car.

“The court’s expectation is that the driver was supposed to drive at a slow speed as the place is heavily populated, but he failed to exercise caution.”
Mr Mutiro stated that an accident evaluator who assessed the vehicle noted that all the components of the vehicle functioned normally and there were no faults.
“The court concludes that the driver was speeding, and his defence that the vehicle developed a mechanical fault is an afterthought.

“The driver is familiar with the road and, since he was driving along that road in the evening at around 7:30PM, he should have exercised caution. The court concludes that the accused was speeding and is therefore found guilty,” said Mr Mutiro.
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.
“He parked his motor vehicle, a Toyota Hiace, along 6th Avenue due west, diagonally opposite a fuel service station.

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.
“The pedestrian’s appearance was so sudden that the accused had to avoid hitting him by swerving to his right hand side. As he swerved, he noticed that there was also an oncoming vehicle on the side where he was swerving. To avoid a collision with the oncoming vehicle, he again swerved towards the fuel service station,” argued Mr Ngwenya.

He further 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 struck several people lined up along the road before coming to an abrupt halt close to the supermarket entrance.
“The accused, therefore, denies being negligent. He made all efforts to keep a proper lookout and attempted to stop the vehicle when the accident seemed imminent,” argued Mr Ngwenya.
The matter was postponed to 12 June.
Prosecuting, Mr Owen Mugari told the court that on 28 January, at around 7:30PM, Chokumanyara was driving a

Toyota Hiace kombi, 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.