Contrite motorist fined $800 for killing pedestrian

Fungai Lupande Court Reporter
A Harare man who knocked down and killed a pedestrian in February this year was yesterday fined $800 by a Harare magistrate after he pleaded guilty to culpable homicide.

Russell Goreraza (31) apologised for killing the unidentified male pedestrian.

He told magistrate Mr Vakai Chikwekwe that he regretted the accident.

Mr Chikwekwe ordered Gorezara to pay a fine of $800 or spend two months in prison.

In passing sentence, Mr Chikwekwe said many lives were being lost due to negligent driving.

“Road carnages are on the increase because of reckless driving. However, Goreraza’s conduct cannot be said to be gross negligence,” said Mr Chikwekwe.

“If his conduct was grossly negligent and in the absence of special circumstances, I would not have hesitated to bar him from driving, cancel his licence or incarcerate him.”

The prosecutor, Ms Venencia Mtake, implored the court to sentence Goreraza to community service.

“He is facing a serious offence in which an innocent life was lost due to his negligence,” said Ms Mtake.

“He should have exercised caution considering the road he was travelling – Samora Machel (Avenue).

“The court can use its discretion in sentencing the accused but State is proposing community service in the circumstances.”

In mitigation, Goreraza told the court that he was a divorcee with one child.

“I am self-employed as a miner realising between $2 000 and $3 000 per month.

“I have no properties and I have $2 000 in person. I tried to reach out to the family of the deceased to render assistance but to no avail,” he said.

“His friends who identified him, said they didn’t know where he came from.”

Goreraza, of Newlands, is a holder of a Class 4 driver’s licence.

On February 23 this year at around 8.30pm, Goreraza was driving a BMW (registration number ACO 0266) due east along Samora Machel Avenue in Harare.

The deceased, an unidentified male pedestrian, was crossing Samora Machel Avenue due north.

Goreraza knocked him down and he died on the spot.

According to a court report, Goreraza was travelling at an excessive speed in the circumstances and failed to keep a proper lookout.

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