adminSukulwenkosi Dube Plumtree Correspondent
HISTORIAN Pathisa Nyathi’s application for discharge at the close of the state case in his culpable homicide trial has been dismissed after the court ruled that he should be put to his defence. Nyathi who is facing a charge of culpable homicide had applied for discharge through his lawyer, Lison Ncube of James Moyo- Majwabu & Nyoni Legal Practitioners, arguing that the state had failed to provide incriminating evidence against him.
The historian argued that the evaluation report which had been submitted by the accident evaluator was inconclusive.
In dismissing the application, Plumtree magistrate Livard Philemon said the state had proved that Nyathi did not drive his vehicle at a safe speed.
“In passing this ruling the court has taken into consideration that the court considered factual primary evidence which in this case are the markings on the road and the physical inspection of the damaged vehicle and the factual evidence collected from the scene by the evaluating officer”, said the magistrate.
“The state produced its exhibits which were a sketch plan and the vehicle examination report by VID which were all not opposed in court. The court regards all these as primary features strong enough for the application to be dismissed.”
Philemon said the court did not agree with the defence that the evidence which was produced was mere speculation.
He said the accident evaluator had managed to interpret the evidence which was at the scene in order to provide the court with an evaluation report.
Nyathi, who is a prominent historian and prolific writer, was arraigned before the courts after he rammed his car into a tree killing a passenger.
The historian, who is the director of Amagugu International Cultural Centre in Matobo District was travelling with one of his employees, Tha Lunga along the Bulawayo- Kezi Road when he allegedly lost control of his vehicle and it rammed into a tree.
Lunga was seriously injured and he died a few hours later at Nathisa Clinic.
Prosecutors said Nyathi was allegedly speeding and failed to control the car while travelling on a slippery road on a rainy day.
He pleaded not guilty to culpable homicide and was remanded out of custody to October 12.
In his defence, Nyathi alleged that a vehicle encroached onto his lane while he was driving on a strip road and he veered off the road in a bid to avoid a head on collision which resulted in the accident.
He said the road was slippery as it was raining, which explained why he failed to control his vehicle.
Nyathi said he was driving at a safe speed contrary to allegations that he was speeding. He said the weather conditions made the accident inevitable.
“Instead of sharing the strip road with me the driver encroached onto my lane. The road was not level and I swerved off to avoid a head-on collision and when I tried to return to the tarred road I hit an embankment and that’s when I lost control of the vehicle,” he said.
Online Reporter