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Zvikomborero Parafini
CAR dealer and socialite Matthew Musengezi has been acquitted of culpable homicide charges but has been banned from driving for 30 days, and fined US$150, after being convicted of failing to stop after an accident.
Musengezi faced the possibility of going to jail if he had been convicted for culpable homicide.
He initially appeared in court three weeks ago facing five charges including culpable homicide, failing to stop, failing to report an accident within 24 hours, failing to render assistance and to guard a corpse after the accident.
In her lengthy judgment, magistrate Ntombizodwa Sibanda analysed the evidence and came to a reasonable conclusion that the other driver caused the accident because he was drunk.
“It was agreed that the accident occurred at 1.25am along Samora Machel and Rekai Tangwena Road.
“Samora Machel has four lanes on both sides and Musengezi was driving a Range Rover while Brian Chipatiro was driving a Mark X and the deceased was his passenger and both occupants were not wearing their seat belts.
“Both cars were headed towards town, the Mark X suffered extensive damage, the roof and the left door was removed, the Range Rover sustained very minor damages on the back door and that Musengezi didn’t stop after the accident,” she said.
Magistrate Sibanda interrogated the evidence of the evaluator whose report stated that Chipatiro’s vehicle landed over 80 metres from the point of impact and the corpse was 39 metres from the car, showing that the car was speeding in the circumstances.
“The vehicles couldn’t have been both in the same lane as Chipatiro claimed.
“Brian was recorded to have been traveling in the inner lane and saw that the accused was speeding and suddenly heard an impact and couldn’t tell where he had been hit
“It was only when he was pressed by the State that he said that he would have seen the point of impact if they were in the same lane.
“He told the court that he had passed the boulders which were at the edge of the inner lane contrary to the accident evaluator and the police officer who both said the boulders were obstructing the inner lane and one had to change to the second inner lane.
“How did he not see the boulders and why are his versions ever changing?”
She said she was convinced that Chipatiro was intoxicated because his evidence was marred with too many inconsistencies.
“Brian and his friends were planning a birthday party for the now deceased, these discussions were being done after midnight, Brian had conflicting versions of what happened, he couldn’t see the boulders obstructing the inner lane, the court has drawn the reasonable conclusion that Brian was intoxicated.
“That’s the only explanation as to why he can’t remember much, he said the deceased landed near him but the evaluator said it was 39 metres from him, Brian may have been intoxicated and caused the accident.”
Mathew Masinge
Online Reporter