D-Day for killer kombi driver

Fungai Lupande Court Reporter
The commuter omnibus driver who recently knocked down and killed a four-year-old boy while fleeing police in Harare faces judgment today.This comes as Lloyd Kusotera (28) refuted claims that police irregularly visited him in remand prison.

Kusotera was yesterday put on his defence after the State closed its case.

On Tuesday he had pleaded guilty to driving without medical endorsement and maintained his plea of not guilty to culpable homicide.
Kusotera distanced himself from allegations by his lawyer that police officers visited him and tried to coerce him to plead guilty.

“No-one visited me while I was at remand prison except my wife. I think my lawyer mixed up issues. I did not receive threats from police officers while in remand, this came as a shock to me,” he said.

Kusotera’s lawyer, Mr Tawanda Takaendesa, had told the court that his client told him that police officers were threatening him.

Another lawyer, Mr Marufu Mandevere, who had previously indicated to the court that he was taking over the case, recused himself.
The first State witness was Norest Masiiwa, a photographer who was at the scene of the accident.

Masiiwa narrated how Kusotera ran down the boy while fleeing a police officer.

The second witness was Tawanda Maere and the last witness was an evaluator, James Thomas from the Traffic Police section.
Maere said police findings were that Kusotera was at fault.

“The body of the deceased was lying 4,5 meters from the point of impact showing the severity of the impact,” he said.

Kusotera admitted to being negligent for driving the public service vehicle without medical endorsement.

He also admitted that he  parked the vehicle at an undesignated area.

Prosecutor, Ms Francesca Mukumbiri, told the court that on the day in question, Kusotera was driving a white Toyota Hiace and loading passengers at an undesignated area.

Trying to evade police, Kusotera drove against traffic on a one-way street and hit Tanatswa Neil Mutyora, who was pronounced dead on arrival at the Avenues Clinic.