adminThe case of Jardine Heath Roy (35), of Number 3 Reudes Flo Road in Fortunes Gate, which had been scheduled for yesterday, had to be postponed because the prosecutor, Mr Carrington Dhliwayo was not available.
Roy was once again not formally charged with culpable homicide and driving under the influence of alcohol when he appeared before Bulawayo provincial magistrate, Mrs Thobekile Mkhosana-Matibe.
He is out of custody on $500 bail and the court ordered him to reside at his given address until the finalisation of his matter.
The court also ordered him to surrender his passport to the Clerk of the Provincial Magistrates’ Courts and the court further ordered him to report to Bulawayo Traffic twice a week, on Mondays and Fridays
The court heard that on 3 June, Roy was driving a Land Rover Defender coming from the Fortunes Gate direction towards the city.
Three police officers including the late Sgt Ottilia Magwenya were manning a speed trap along 12th Avenue Extension opposite the United Bulawayo Hospitals.
When approaching the speed trap at around 2pm, Roy’s vehicle was caught doing 137km per hour in a 70km per hour zone.
The court heard that the late Sgt Magwenya, who was dressed in police uniform with reflective material, moved onto the road signalling Roy to stop.
Instead of stopping his vehicle, the State alleges that he hit the late Sgt Magwenya who was by then trying to run away from the road. The police officer died on the spot.
After his arrest, Roy was taken to the police station for breath test and his reading was 232mg per 100ml of blood, the State will seek to prove.
The particulars of negligence that the State will seek to prove are that Roy was travelling at excessive speed; failed to keep a proper look out and failed to stop or act reasonably when an accident or collision seemed imminent.
Mr Josiniah Maupa, of Mkushi, Foroma and Maupa Legal Practitioners in Kwekwe is defending Roy.
Online Reporter