adminMashudu Netsianda Senior Court Reporter
A BULAWAYO unlicensed pirate taxi driver, who caused the death of a traffic cop by dragging him for about 100 metres as he dangled on the door of the cabman’s speeding car, was yesterday sentenced to 10 years in jail.Bulawayo High Court judge, Justice Lawrence Kamocha, convicted Farai Zimunya, 38, of Queens Park West suburb of a lesser charge of culpable homicide for causing the death of the policeman who had arrested him for picking up passengers at an undesignated point.
Zimunya, who was initially facing a murder charge, had pleaded not guilty and tendered a limited plea of culpable homicide in connection with the death of Sergeant Godsave Chingwe.
Justice Kamocha concurred with both State and defence counsels that there were no aggravating circumstances.
In passing the sentence, the judge said the courts did not condone actions by motorists who harass police officers while on duty.
“Life was unnecessarily lost. You could have just paid a fine for the offence of pirating and driving without a licence rather than causing the death of a police officer on duty,” said Justice Kamocha.
“There was no need for you to go into panic mode. You killed a traffic officer who was simply performing his duties. Police are supposed to do their job without fear and what you did militates against that noble principle as the law officer was carrying out his duties diligently,” said the judge.
Justice Kamocha said the courts had a duty to send a message to society through passing deterrent sentences.
“The type of conduct you displayed cannot be condoned by these courts. People who behave in that fashion should be sent to jail to send a clear message to society. In the circumstances you are sentenced to 10 years in jail,” ruled Justice Kamocha.
Prosecuting, Thompson Hove said on October 7, 2014, Chingwe, who was in his Zimbabwe Republic Police (ZRP) uniform, was carrying out traffic enforcement duties at the intersection of George Silundika Street and 12th Avenue when he observed a Toyota Corona, registration number AAU 5302 loading passengers at an undesignated point.
Chingwe, who was driving a police Defender vehicle stopped and disembarked from the car. He approached Zimunya in his pirate taxi and he was already carrying three people.
The court heard that he advised Zimunya that he was under arrest for carrying passengers using a non-public service motor vehicle and ordered that the car be driven to the Bulawayo Central Traffic premises.
“Chingwe opened the front passenger door and stretched for the car keys during which Zimunya suddenly drove off, with the police officer clinging onto the door,” said Hove.
He reportedly drove dangerously, swerving right and left in a bid to throw off Chingwe.
The pirate taxi driver bumped into a parked Honda Fit resulting in Chingwe being thrown off the vehicle and landing on the pavement.
Zimunya escaped the scene, leaving an injured Chingwe lying on the tarmac.
Chingwe was rushed to Mater Dei Hospital but died at Galen House Clinic on the following day, where he had been referred to for a scan.
A postmortem report indicated that he died from cardiac failure, peritonitis, ruptured small bowels and retroperitoneal haemorrhage.
Zimunya through his lawyer, Dumisani Dube, pleaded for leniency, saying he was a sole breadwinner looking after his minor child.
Online Reporter