Online Reporter
Danisa Masuku, [email protected]
The 28-YEAR-OLD Bulawayo kombi driver who recently ploughed into a group of people along the 6th Avenue illegal taxi rank, killing two and injuring 15, has been sentenced to an 36 months in prison.
Simbarashe Chokumanyara of Emakhandeni suburb appeared on Monday before Bulawayo Regional Magistrate Mr
Mathew Mutiro for sentencing. He was facing two counts of culpable homicide and a negligent driving charge.
For each count of culpable homicide he was sentenced to 24 months, with 18 months suspended on condition that he does not commit a similar offence within a period of five years. For negligent driving he was sentenced to serve 12 months, of which 6 months were suspended. He was prohibited from driving for 24 months. He will effectively serve 36 months in prison.
In delivering sentence the magistrate said: “All witnesses who testified told the court that the driver was speeding, and the court’s belief is that the sudden clutching of brakes was after a pedestrian was flung into the air after being hit by his car. The court’s expectation is that the driver was supposed to drive at a slow speed as the place is heavily populated, but he failed to exercise caution.”
Mr Mutiro stated that an accident evaluator who assessed the vehicle noted that all the components of the vehicle functioned normally and there were no faults.
“The court concludes that the driver was speeding, and his defence that the vehicle developed a mechanical fault is an afterthought. The driver is familiar with the road and, since he was driving along that road in the evening at around 7:30 p.m he should have exercised caution. The court concludes that the accused was speeding and a non-custodial sentence will trivialize this matter,” said Mr Mutiro.
Chokumanyara was represented by his lawyer, Mr Kholwani Ngwenya of TJ Mabhikwa and Partners.
In mitigation Mr Ngwenya said: “He is an inexperienced driver, having acquired his licence in recent months. As such, he failed to stop the car as the brakes and steering wheel had developed a fault. He is a breadwinner and is taking care of his visually impaired parents. He is also taking care of his wife and his minor child. He has served five months in remand prison, and the death of two pedestrians as a result of the accident will haunt him for the rest of his life.”
In aggravation Mr Owen Mugari submitted: “For one to drive a public service vehicle he or she must have five years’ experience, of which the offender has not yet reached five years. Two lives were lost due to his negligent driving and fourteen pedestrians were left injured. It is known that 6th Avenue is a very busy area and heavily populated, so driving at a high speed is a sign of negligence. The lights were functioning properly, so his defence that it was dark and he failed to properly see falls away.”
Prosecuting, Mr Mugari told the court that on 28 January, at around 7:30 p.m, Chokumanyara was driving a Toyota Hiace kombi, registration number ACL 4788, along 6th Avenue between Lobengula Street and Herbert Chitepo Street.
The vehicle had 17 passengers on board and he was speeding.
The court heard that Chokumanyara lost control of the kombi, side-swiped a tree and struck two pedestrians who died instantly, while 15 passengers sustained injuries.
The injured were rushed to Mpilo Central Hospital, while the two bodies were taken to the mortuary at the same hospital.
