adminYeukai Karengezeka
Court Correspondent
HARARE car dealer and socialite, Matthew Musengezi, who was facing five counts arising from a car accident in August 2021, has been convicted of failing to stop after the accident, but acquitted of four charges of culpable homicide.
Harare regional magistrate Mrs Ntombizodwa Sibanda found that the other driver involved was drunk, was speeding and failed to keep a proper lookout. The driver and the deceased, who was a passenger, were not wearing safety belts.
Musengezi, who was represented by his lawyer Mr Tawana Nyabeze, admitted that he did not stop at the accident scene. He, however, argued that he did not stop because he thought the occupants of the other vehicle were thieves determined to rob him as he had valuables in the car.
He was therefore fined US$150 (or 30 days in jail).
In her judgment, Magistrate Sibanda indicated that the State had failed to prove its case beyond reasonable doubt against Musengezi, but established that the other driver who was drunk had caused the accident.
It was agreed that the accident occurred at 1.25am at the intersection of Samora Machel West Avenue and Rekai Tangwena Road.
Samora Machel has four lanes on both sides at this point and Musengezi was driving a Range Rover while Brian Chipatiro was driving a Mark X.
Both cars were headed towards town. The Mark X suffered extensive damage, the roof and the left door was removed, while the Range Rover sustained very minor damages on the back door.
Magistrate Sibanda interrogated the evidence of the evaluator whose report stated that Chipatiro’s vehicle landed over 80 metres from the point of impact and the corpse was 39 metres from the car, showing that the car was speeding in the circumstances.
Mrs Sibanda disputed claims by Chipatiro that the vehicles could have been both in the same lane.
Online Reporter