Online Reporter
Herald Reporter
A 42-year-old Zvimba farmer has been ordered to perform 210 hours of community service after being convicted of negligent driving that resulted in his vehicle ramming into Zvimba East legislator, Mercy Dinha’s, stationary car along the Chegutu-Chinhoyi highway.
Zebediah Chigodora was also fined US$200 or 30 days’ imprisonment in the event that he fails to pay the fine.
He was prohibited from driving any motor vehicle for six months. Chigodora was convicted on his own plea after he appeared before Norton magistrate Mrs Christine Nyandoro, charged with negligent driving and driving with a prohibited concentration of alcohol in his blood.
Ms Flossie Chigudu represented the State.
Chigodora pleaded guilty to both charges.
The court heard that on June 29, Chigodora negligently drove a white Mazda Bongo along the Chegutu-Chinhoyi Highway before crashing into a stationary Toyota Land Cruiser VX, where MP Dinha and her husband, Martin Dinha, were aboard.
Upon his arrest, a breath test revealed that he had a blood alcohol concentration of 252 milligrammes per 100 millilitres of blood, far exceeding the legal limit of 150 milligrammes per 100 millilitres.
The court heard that the level of alcohol in his system was such that it rendered him incapable of exercising proper control of the vehicle.
“The degree of negligence exhibited by the offender is serious, as evidenced by his decision to drive with a blood alcohol concentration substantially above the legal limit.
“This level of impairment demonstrates a clear disregard for the safety of other road users,” said Mrs Nyandoro in her judgment.
The court further noted that the accident resulted in injuries to MP Dinha and could easily have had far more serious or fatal consequences, adding that such conduct fell well below the standard expected of a responsible motorist.
Mrs Nyandoro noted that the victim assessment report revealed that Martin Dinha did not sustain serious injuries in the collision.
MP Dinha complained of pain on her left side and was receiving medical treatment following the accident.
The court heard that Chigodora’s family had approached the legislator seeking leniency on his behalf.
While acknowledging the reported injuries and the request for mercy, Magistrate Nyandoro noted that no medical documentation had been produced to substantiate the injuries claimed.
“The absence of medical proof is a relevant factor in assessing the overall gravity of harm caused by the offence,” the magistrate said.
She noted that a custodial sentence was warranted because of the seriousness of the offender’s negligence and the need to deter motorists from driving under the influence of alcohol.
The court stressed that offences involving drinking and driving require sentences that send a strong message to would-be offenders, given the danger they pose to the public.
