By Abel Zhakata
An unlicenced 22-year-old kombi driver who caused the death of a passenger due to negligence will spend the next three years behind bars after he was found guilty of culpable homicide.
Kudzanai Nyaruwata from Honde Valley will rue the day he sat behind the steering wheel without a driver’s licence after Nyanga provincial magistrate Mr Ignatio Mhene slapped him with the jail term after a full trial.
Nyaruwata pleaded guilty to driving without a licence, but denied ever causing the death of the passenger on July 7, 2013 when he forgot to engage the handbrake resulting in the vehicle moving backwards and landing into a gully.
One of the passengers sustained serious injuries during the accident and she died on admission to Hauna District Hospital.
For driving without a licence, Mr Mhene slapped him with a six-month jail term, while he was slapped with another 36 months for culpable homicide.
Six months of the sentence were set aside on condition that he does commit a similar offence in the next five years.
He was further given a life ban from driving Class 2 vehicles.
Mr Kelvin Mufute prosecuted.
Allegations are that the accused was plying the Hauna-Zindi route when the accident happened.
“At the 42km peg along the Selbourne-Aberfoyle road, the accused stopped the vehicle as he wanted to drop off a passenger. He alighted from the driver’s seat and went on the other side of the vehicle to open the door. However, he failed to put on the handbrake resulting in the vehicle moving backwards unattended.
“It overturned into a gully. One of the passengers on board sustained head injuries and was rushed to Hauna District Hospital and died on admission. The vehicle was also overloaded with three passengers sitting on the front seat with the driver,” said Mr Mufute.
In denying the charges, Nyaruwata blamed a passenger who was seated next to the handbrake whom he alleged to have disengaged the handbrake as he was trying to look for a comfortable sitting position at the back when he stopped the vehicle.
Mr Ignatio Mhene did not buy his case.
In aggravation, Mr Mufute urged the court to pass a stiffer sentence against the accused saying reckless and unlicensed drivers were causing serious accidents that were unnecessarily taking lives on the highways.
He said the sentence must be lengthy and deterrent enough to dissuade those who do not qualify to drive public transport vehicles.
Mr Mhene concurred with the State saying the courts must set an example and send the right message. Manica Post