Online Reporter
Lovemore Kadzura
Post Reporter
A DRAMATIC twist has emerged in the case of a fatal accident that claimed the lives of three members of a bridal party en-route to Ruwa, after the accused, Kenyan truck driver, Ibrahim Albashire Adanw, retracted his initial guilty plea.
Adanw, who was driving a haulage truck, had earlier admitted to negligent driving, leading to a collision with a Nissan Note at the notorious Mufusire Uphill in Headlands.
The crash resulted in the deaths of Ngonidzashe Simango, Taurai Kaseke, and Ngoni Mutsoka.
However, following legal representation by Mr Tendai Bvuma of Bvuma and Associates, Adanw applied to change his plea, arguing that his initial admission was not made with full understanding of its implications.
The sudden reversal has provoked outrage and disbelief among the victims’ families, who continue to grapple with the devastating loss of their loved ones.
Court records show that Adanw had initially pleaded guilty to culpable homicide before Rusape magistrate, Mrs Barbra Mateko.
Mr Bvuma has since contended that his client did not make an informed decision when entering the plea, prompting the application for its withdrawal.
“The court explained to the applicant that on December 23, 2025 at the 120km peg along Harare-Mutare Highway, he was driving a Benz truck (AGI 288 MP), white in colour towards Mutare with no passengers, and that he was involved in an accident that caused the death of three individuals, who were in the Nissan Note, which was coming from a different direction.
“What the court actually explained to the accused, as stated in the record, is the fact of applicant having driven his motor vehicle and having caused the death of three people. Driving a motor vehicle and causing death of people in itself is not an offence. The offence comes in when one admits that he drove the motor vehicle negligently, having fully explained and recorded the particulars of negligence to the accused.
“The basis of this application is that the applicant was meant to plead to an offence, whose essential elements had not been put to him for him to specifically plead to them. There is no evidence placed on record that the applicant made an informed plea of guilty. It seems he was only pleading that he indeed drove his motor vehicle and that such driving resulted in the death of three people. There is no indication that he fully understood the charge and particular concept of negligence.
“He had indicated to the court that, and even to the attending detail, and to the prosecution during the interview and vetting process that when the accident occurred, there was a stationery truck that was in front of him, in his lane of travel. When he maneuvered into the opposite lane so as to pass the stationery truck, the Nissan Note that he collided with suddenly shot into view.
“It was speeding down the slope while the applicant’s truck was going up. The Nissan Note was travelling at an extremely excessive speed such that the collision could never have been avoided.
“No mention was made of the fact that the applicant was negligent in the manner he drove the motor vehicle, thus it becomes difficult to understand what is that the applicant pleaded guilty to on the day in question. The applicant will aver that he could not have avoided the accident, and that he was not guilty in any way of the offence,” submitted Mr Bvuma.
The State, represented by Ms Faith Mutukwa opposed Adnaw’s application saying the initial plea was properly taken and voluntarily recorded, and the accused admitted to essential elements.
Mrs Mateko is expected to deliver her ruling today (Friday).
Ms Mutukwa told the court that Adnaw caused the accident by overtaking in-front of an oncoming vehicle and travelling at an excessive speed.
“On December 23, at around 8am, the accused was driving a white Benz truck (AGI 288 MP) towards Mutare with no passengers on board. Upon approaching the 120km peg, he encroached on the opposite lane, resulting in a head-on collision with a Nissan Note (AHC0831) driven by Simango, with three passengers on board.
“Simango and two passengers, Taurai Kaseke, Ngoni Mutsoka, died on the spot. Post-mortem reports attributed their deaths to serious head injuries. Both vehicles sustained serious damages.
The State alleges Adanw was negligent in overtaking in-front of an oncoming vehicle, travelling at excessive speed, failing to act when an accident seemed imminent and failing to keep a proper lookout,” she said.
