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Court Reporter
Jazz musician Duduzile Tracy Manhenga’s application for bail pending appeal against her recent sentence of 18 months in prison for culpable homicide and driving with a learner’s driver’s licence without supervision was yesterday dismissed. Magistrate Blessing Murwisi dismissed Manhenga’s application on the basis that even if she intends to apply against the sentence there were no chances of success.
In her bail application through her lawyer Mr Evans Moyo, Manhega argued that she was out of custody and able to stand trial after nearly three years of committing the offences.
Manhenga also put forward that she was able to make herself available for sentence after her conviction. She told the court that she was a proper candidate for bail since she was of fixed abode and was not a flight risk.
However, Ms Murwisi dismissed her application saying that Manhenga was facing serious offences and there are high chances of absconding if granted bail.
In her notice of application against the sentence, Manhenga argued that the court had failed to carry out a factual inquiry to establish the degree of negligence before the ruling and only relied on submissions by the State that she was negligent.
“The court failed to consider some mitigatory circumstances which include that Manhenga pleaded guilty and she rendered assistance to the deceased to access medication as well funeral arrangements.
“The court failed to consider the contributory negligence on the part of the deceased in not wearing a helmet.
“She is a first offender and the value of her mitigatory circumstances far outweighs and outnumber the aggravatory circumstances,” she said.
Manhenga was praying for acquittal.
However, the court said there was no need to make such an inquiry since she had a defence lawyer hence her argument was misplaced.
In her ruling, Magistrate Murwisi said the sentence was appropriate as Manhenga had shown gross negligence.
For driving with a learner’s driver’s licence without supervision, Manhenga was slapped with a US$300 fine or she faces a further three months in jail.
The court also slapped her with a six months jail term, which was wholly suspended for five years on condition that within the next five years, she does not commit a similar offence.
For culpable homicide, Manhenga was slapped with a two year jail term, before Magistrate Murwisi set aside six months for five years on condition of good behaviour.
Manhega was left with a year and six months effective jail term.
Online Reporter