Fa­tal crush cop fights con­vic­tion

Chronicle (Zimbabwe) - - National News - Mashudu Net­sianda Se­nior Court Re­porter

that the bus had op­er­ated for a long time with­out be­ing ser­viced.

“It would be bet­ter if bus com­pa­nies ser­viced their ve­hi­cles as they are putting our lives in dan­ger. Some of them con­tinue trans­port­ing peo­ple know­ing fully well that their ve­hi­cles have faults,” he said.

In a re­cent in­ci­dent, about 65 pas­sen­gers who were trav­el­ling on­board a Gat­sheni Ex­press Bus es­caped death af­ter the bus veered off the road and rammed into trees.

The bus was trav­el­ling from Bu­l­awayo and was bound for Bam­badzi in Bulil­ima Dis­trict when it de­vel­oped a me­chan­i­cal fault.

The driver, Mr Rab­son Ncube, re­vealed that the ve­hi­cle’s steer­ing wheel de­vel­oped a fault and he failed to con­trol the bus. — @DubeMatutu 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

The wreck­age of a Broock Crowns En­ter­prise bus that was in­volved in an ac­ci­dent on Tues­day

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