Chivero disaster: Driver wants horror re-enacted

before he could cross-examine State witnesses when the trial continued on Saturday.
Enock Yolani Zulu (36), who is not represented, made the application before magistrate Mr Tendai Mahwe.

He is being jointly charged with Latif Ameer (53), Fadil Ramon Weale (27) and Joseph Abrahams (37) on 11 counts of culpable homicide.
In his application, Zulu suggested they go back to the lake, load 19 people onto the boat with two crew members to see if it would carry the load.

He also suggested that the boat crew winks at each other at the deepest point.
Mr Mahwe however, dismissed the application.
He said: “The reason why the matter is in Victim Friendly Court is because the children are scared of facing the accused persons and to go for an inspection in loco would be to expose them to the same danger they are to be protected from.”

“An inspection in loco can be ordered by the court itself, if it feels it is necessary to clarify any issue”.
Prosecutor Mr Michael Reza had opposed the application on the basis that by granting it, they would risk killing more children.
“This is taking 19 children with the same ages as of the deceased and survivors, pack them in the same boat, drive it to the centre of the lake and get accused 2

(Zulu) and 4 (Weale) to wink at each other then get Zulu to switch off the engine and see if it sinks.
“If the court accedes to the request, I will not be part to the second murder of innocent children. And which parent would allow their children to be used in this macabre experiment?”

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However, Mr Hamios Mukonoweshuro, who had on Friday renounced agency after Mr Reza made an application for the trial to continue on Saturday to ensure the witnesses who are of school-going age testify before going back, indicated that Zulu probably wants the scene to be re-enacted at the boat parked at Marimba Police Station.

Mr Mukonoweshuro is representing Ameer and Weale.
Soon after, Mr Jacob Jogee, appearing for Abrahams, immediately applied for the stopping of proceedings to appeal against the ruling at the High Court.

Mr Mukonoweshuro concurred with him.
Mr Mahwe however, said interlocutory proceedings could not be appealed against.
He advised that proper procedure was to go to the High Court by way of review against procedural irregularities.

Mr Jogee then formally applied to the court to stop proceedings for them to approach the higher court today for review.
Magistrate Mahwe expressed dis-appointment over the application.

“You must be aware that you cannot apply to a court to halt proceedings so that you approach the High Court for any review. When you have a High Court order to halt proceedings, only then can they be halted.”

The trial continued with Zulu refusing to cross-examine the 15-year-old girl who survived the accident.
The girl corroborated the first witness’s testimony.
In cross-examination, Mr Jogee quizzed her for changing statements.

He accused the girl of telling the court information which was not recorded by the police in her warned and cautioned statement.
The girl, however, accused the investigating officer for failing to record some of the information.

She argued that he kept telling her not to mention information which was irrelevant.
The girl said her aunt had asked the policeman why he was objecting some important information that would be useful in court.
She remained adamant that the policeman left out the information.

The first witness, a 16-year-old girl, made similar allegations.
The girl’s mother then broke down in court and was whisked away by the police.

After the cross-examination and re-examination by the State, Mr Reza informed the court that he was no longer calling the third witness, a 12-year-old survivor.
He said the boy’s mother who is also the second witness’ mother, had approached him and said the boy was having serious nightmares.
Mr Reza said the woman had lost three children out of five in the accident.

He said she had endured enough pain while her daughter, the second witness, gave evidence in court.
Mr Mukonoweshuro then made a formal application to the court to compel the State to bring the boy to give his testimony.

He argued that he had received the witness’s statement hence the need for him to testify.
Mr Mahwe dismissed the application as it was the prosecutor’s prerogative to bring witnesses to the stand to help his case.
The matter was remanded to Wednesday when the chief surveyor of vessels and examiner of certificates of competency in the Ministry of Transport, Mr Lamech

Chitenga is expected to take the witness stand.
Allegations are that on December 25 last year, Ameer asked Zulu to drive the boat and Weale to collect money from passengers.
He failed to provide life jackets to passengers in the boat.

Abrahams loaded 17 passengers in a boat with capacity to carry six passengers and the overloaded boat capsized, resulting in the death of 11 children.