adminMashudu Netsianda Senior Court Reporter
A POLICEMAN from Bulawayo has taken magistrate Mr Tinashe Tashaya and the National Prosecuting Authority (NPA) to court challenging his conviction on a charge of culpable homicide.
Thembelani Sibanda (41) fatally knocked down a seven-year-old pupil who was coming from school along 8th Avenue while driving a Toyota Landcruiser in March.
Mr Tashaya convicted him of culpable homicide and sentenced him to 12 months in jail.
He conditionally suspended three months for five years.
The remaining nine months were suspended on condition that Sibanda performs 315 hours of community service at Lobengula Primary School.
Sibanda, through his lawyers T Hara and Partners, filed an application for review at the Bulawayo High Court seeking an order that quashes the proceedings of the lower court.
He wants the matter to be heard before a different magistrate.
In his founding affidavit, Sibanda said he was wrongfully convicted, arguing that it was not his driving conduct which caused the death of the boy.
He accused Patrick Duwa of causing the death of the deceased child.
“I am convinced that if the same matter is placed before a different magistrate, the guilty verdict would not be returned on my plea of guilty as the facts disclose a defence against a charge of culpable homicide preferred against me. The degree of negligence as reflected by the facts does not support the outrageously harsh sentence imposed on me,” said Sibanda.
The court heard that on March 11 this year shortly after 4PM, Sibanda was driving his car, a Toyota Landcruiser in Bulawayo’s central business district. On approaching an intersection between 8th Avenue and Lobengula Street, he hit the deceased who was trying to cross the road.
Sibanda stopped his car a few metres from the scene. The court heard that while Sibanda was trying to render first aid, another car which was being driven by Duwa came and ran over the kid. The boy sustained multiple head injuries and died on the spot.
A report was made to the police leading to Sibanda’s arrest. — @mashnets
Online Reporter