By Tiden Makeke | Nehanda Courts |
Harare Magistrate, Barbara Mateko yesterday convicted Croco Motors director, Moses Chingwena of culpable homicide and negligent driving on a plea bargain for killing a Harare pedestrian while driving at night on July 11 last year.
Chingwena will serve four months in prison or pay a fine of ZWL $60 000.
In sentencing him, magistrate Mateko saw no aggravating circumstances save for the fact that the accused entrepreneur paid the funeral expenses and showed remorse to the bereaved family.
Chingwena paid US$4 000 and 10 cows to the family of the deceased as compensation.
“The accident occurred at night and this meant there was poor visual sight. The deceased was also supposed to check if the road was clear. Despite all this, the accused person helped the deceased and this also mitigates moral blameworthiness of the accused person,” Mateko said.
“The court noted that the accused person is 60 years old and was a first offender and that he did not waste the court’s time.”
Facts of the matter are that while driving along Poland Road in Gletwin at around 10pm, on July 11 last year, Chingwena fatally hit pedestrian, Shepherd Mukatira.
Caroline Mutimusakwa appeared for the State.
Chingwena, a sly businessman believed to be among Zimbabwe’s richest entrepreneurs, has fingers in many businesses that are listed on the Zimbabwe Stock Exchange.
He once served as the Chief Operating Officer of the Orion Insurance Company before joining Century Group in 1997.
A one time general manager (operations) with the Leasing Company of Zimbabwe, Chingwena once served as a non-executive director of CFX bank. He later became the group chief operating officer.
Having led several companies as an executive, Chingwena started Croco Motors together with his wife and cousin Farai Matsika.
After a year of starting operations, Croco Motors acquired the Mazda Motors franchise. He also boasts interests in Kia Legacy, Duly Holdings and Premier Auto Services.
And you think he wont be able to pay that amount??. He will pay it tenthfold if he likes… but the victim’s family are the losers at the end of it. I think they should pursue civil action against him. The courts once more have failed!!.. #MalabaMustResign..
Kelvin Maseko bt this is capable homecide. Any accident he Killed not willing.
Lloyd Machingauta thats why i said his family must pursue a civil action. Homicide yes.. but is paying that fine to government going to make the family feel any better??
That’s it for culpable homicide?
I hope the life he took will haunt him to his grave.
Hawk Matilda but i think US 4000 and 10 cows dzaakapa family iyi zvinoratidza kuti akabvuma mhosa the guy is man enough, although zvisingazodzose mufi .
Tichy Ndarira Well said man.
4 months for killing a person a charge of capable homicide and makomborero 14 months for inciting violence no death no property destroyed, i now agree with people who say our courts are captured by zanu pf this true regarding by nature of this cases even if you are blind on this matter you can see,
who knows who was wrong sometimes driving is not easy guys
William Phiri a phiri keep quite dzema Malawi tichadzitaura . 60k . Imagine the person who died and the family affected. 14 months for suspected inciting violence without causing the violence just suspected of inciting . 4 months for actually killing an innocent soul . Wake up aphiri these are captured courts
William Phiri Thats a slap in the face of the victim’s family!
William Phiri did you read that it was negligent driving?If you have nothing to say why not keep silent
Driving during night u take risks either it’s the other way ,the pediatrician might be a trap from robbers noone knows ,so we can’t blame the judge , CZ many pple have fallen trap and lost lives to robbers and spirits or ghosts at nite trying to save human life
What a poor analysis, are you related to the killer
Loveridge Mananga pediatriacian?? Ko kungonyarara unobvei
Evaristo GachangeEvaristo Gachange typing error even u can do it
Evaristo Gachange that’s a normal typing error do you see that as broken English
What is 80.000 to this man? it’s just peanuts to him
I can’t understand the how these penalties are arrived at but l now understand the system is not fair . One get four months after someone loses his life and the other get 14 months for only blowing a whistle and resist arrest .
Deon T Mageza it only means it was an accident. There is no person who leaves their home wanting to kill someone on the road. If he was drunk one would argue that negligent driving would probably have attracted a heavier fine or sentence.
His heavy sentence is Guilt.
Justice Zishiri but it’s stated that he was charged of negligent driving meaning he was recklessly driving which resulted in lose of life . The penalty was supposed to be bigger than that
Deon T Mageza It depends on how he argued his case. It is not murder where u kill with intend but like i said, his biggest jail is GUILT. The fact that he reportedly seeked audience with the family of the deceased means he feels guilty. He probably paid more to the family than what the state demanded from him.
Its selective justice
Justice Zishiri comment also in the ‘whistle’ case .
Justice Zishiri yes That’s true but comparing the penalty with that of the whistle case the penalty is not fair .
Justice Zishiri There is no justification whatever the circumstances in causing someone’s death and getting a paltry four months sentence for such an offence is just but a mockery to the justice system in general and the bereaved family in particular, at the end of the day it doesn’t add up when someone else is slapped with 14 months for inciting violence, it simply shows that some animals are more equal than others as in the Animal Farm scenario
He hit someone after curfew hours?
If it was inini zvangu ndisina mari ndauraya munhu neHonda Git yako was i going to get the same sentence
The system is very simple, prosecution advises you to plead guilty and not waste the court’s time then u get convicted with an option to pay fine and the fine is a pittance,,, u pay and u are a free man but a huge chunk is paid under the table
ZANU privilege or must I say Shona privilege
Zvekupenga izvo
If it was inini zvangu ndisina mari ndauraya munhu neHonda Git yako was i going to get the same sentence
The system is very simple, prosecution advises you to plead guilty and not waste the court’s time then u get convicted with an option to pay fine and the fine is a pittance,,, u pay and u are a free man but a huge chunk is paid under the table
Zvekupenga izvo
ZANU privilege or must I say Shona privilege
That’s it for culpable homicide?
And you think he wont be able to pay that amount??. He will pay it tenthfold if he likes… but the victim’s family are the losers at the end of it. I think they should pursue civil action against him. The courts once more have failed!!.. #MalabaMustResign..
Lloyd Machingauta thats why i said his family must pursue a civil action. Homicide yes.. but is paying that fine to government going to make the family feel any better??
Kelvin Maseko bt this is capable homecide. Any accident he Killed not willing.
I hope the life he took will haunt him to his grave.
Hawk Matilda but i think US 4000 and 10 cows dzaakapa family iyi zvinoratidza kuti akabvuma mhosa the guy is man enough, although zvisingazodzose mufi .
Tichy Ndarira Well said man.
4 months for killing a person a charge of capable homicide and makomborero 14 months for inciting violence no death no property destroyed, i now agree with people who say our courts are captured by zanu pf this true regarding by nature of this cases even if you are blind on this matter you can see,
who knows who was wrong sometimes driving is not easy guys
William Phiri Thats a slap in the face of the victim’s family!
William Phiri did you read that it was negligent driving?If you have nothing to say why not keep silent
William Phiri a phiri keep quite dzema Malawi tichadzitaura . 60k . Imagine the person who died and the family affected. 14 months for suspected inciting violence without causing the violence just suspected of inciting . 4 months for actually killing an innocent soul . Wake up aphiri these are captured courts
4 months for killing a person a charge of capable homicide and makomborero 14 months for inciting violence no death no property destroyed, i now agree with people who say our courts are captured by zanu pf this true regarding by nature of this cases even if you are blind on this matter you can see,
I can’t understand the how these penalties are arrived at but l now understand the system is not fair . One get four months after someone loses his life and the other get 14 months for only blowing a whistle and resist arrest .
Deon T Mageza it only means it was an accident. There is no person who leaves their home wanting to kill someone on the road. If he was drunk one would argue that negligent driving would probably have attracted a heavier fine or sentence.
His heavy sentence is Guilt.
Justice Zishiri but it’s stated that he was charged of negligent driving meaning he was recklessly driving which resulted in lose of life . The penalty was supposed to be bigger than that
Deon T Mageza It depends on how he argued his case. It is not murder where u kill with intend but like i said, his biggest jail is GUILT. The fact that he reportedly seeked audience with the family of the deceased means he feels guilty. He probably paid more to the family than what the state demanded from him.
Justice Zishiri yes That’s true but comparing the penalty with that of the whistle case the penalty is not fair .
Its selective justice
Justice Zishiri There is no justification whatever the circumstances in causing someone’s death and getting a paltry four months sentence for such an offence is just but a mockery to the justice system in general and the bereaved family in particular, at the end of the day it doesn’t add up when someone else is slapped with 14 months for inciting violence, it simply shows that some animals are more equal than others as in the Animal Farm scenario
Justice Zishiri comment also in the ‘whistle’ case .
He hit someone after curfew hours?