admin
Harare Bureau—
JAILED afro-jazz musician Duduzile Tracey Manhenga breathed a sigh of relief yesterday after the High Court granted her bail pending appeal against the 18 months jail term imposed on her for culpable homicide and driving without a licence. Justice Felistus Chatukuta granted Manhenga $200 bail coupled with stringent conditions after both the defence and State consented to have her released from prison in terms of the order.
She was ordered to surrender her passport to the clerk of court and reside at the given address until the matter is finalised.
She is also required to report once a week at Avondale Police Station.
Through her lawyer Mr Evans Moyo of Scanlen and Holderness, Manhenga had appealed to the High Court for bail after the trial magistrate denied her the relief she sought.
Although the trial prosecutor had consented to bail pending appeal, the magistrate felt the consent was improper in view of the fact that the same prosecutor had called for a custodial sentence.
But when the appeal was brought before Justice Chatukuta yesterday, Mr Edmore Nyazamba of the Attorney General’s Office consented to bail.
He stated in his papers that the mere fact that the prosecutor once called for imprisonment was not enough to ignore the merits of the consent to bail.
Manhenga, who had a learner’s driver’s licence but was not under supervision, knocked down a motor-cyclist Graham Millward along Sherwood Drive in Mabelreign, Harare.
She failed to give way to Millward as she turned right into a friend’s premises in her Toyota Spacio vehicle.
Millward died on admission at West End Hospital due to severe injuries he sustained following the crash.
Manhenga was convicted of her own plea of guilty to both charges and implored the court to spare her a custodial sentence.
But the trial magistrate, Ms Blessing Murwisi, sentenced her to a 24-month jail term. However, six months of the sentence were set aside for five years on condition that she does not commit a similar offence.
The Colour Blu crooner was also fined $300 (or three months in prison) for driving without supervision.
An additional six-month jail term was wholly suspended on condition that she does not drive without supervision for the next five years.
Before passing sentence, Ms Murwisi said Manhenga had been grossly negligent and failed to act reasonably to avert the accident.
“She failed to keep a proper look out of the road ahead and also failed to stop or act reasonably in the event of the accident, this is clear gross negligence,” she said.
Ms Murwisi added that Manhenga’s moral blameworthiness was high despite the fact that she was a first offender.
Online Reporter