Friday, 25 August 2017


AN unlicensed Zimbabwe Republic Police constable has been sentenced to an effective nine months in jail for causing an accident that killed three people in Kwekwe.

Constable Privilege Fundira (31), of Number 1 Mugabe Way in Newton suburb, Kwekwe, was driving without a valid driver’s licence and has been banned from driving for six months, from the time he acquires a certificate of competency.

Fundira overtook at a blind rise near Sable Chemicals along the Kwekwe-Harare Highway resulting in a head-on collision that killed the chief executive officer of Redcliff based company, Steelmakers, Mr Alexander Johnson, his wife Achamma and their driver Mr Sherman Majuru, last year.

Kwekwe Magistrate Mr Livard Philemon convicted Fundira on all three counts of culpable homicide and another of driving without a licence, after a full trial.
Fundira pleaded not guilty throughout the trial, but was convicted on overwhelming evidence.

In passing sentence, Mr Philemon said the degree of Fundira’s negligence was gross.
“The court’s finding is that the degree of negligence on the part of the accused was gross. It actually borders between gross negligence and reckless driving. Such specific finding calls for a custodial term. Hence, the accused is sentenced to nine months imprisonment for culpable homicide.

For driving without a licence the accused is fined $300 in default, six months in prison and in addition he is banned from driving for a period of six months from the time he gets a licence,” said Mr Philemon.
During trial, Fundira produced a photocopy of a licence he claimed to have obtained from the Democratic Republic of Congo (DRC). Mr Philemon said the licence appeared to be fake.

Prosecuting, Ms Yeukai Mugumba said on May 18 last year, Fundira was driving a Mercedes Benz along the Harare-Kwekwe Highway towards Kwekwe without a valid driver’s licence.

“On the same date, Mr Majuru, the driver of Mr Johnson’s vehicle was driving a Mercedes Benz on the same road going the opposite direction with Mr and Mrs Johnson on board,” she said.

Ms Mugumba said on approaching the 196km peg, near Sable Chemicals, Fundira encroached on to the right lane to overtook another vehicle, resulting in a head-on collision with Mr Johnson’s vehicle.

“Mr Johnson and his wife died on the spot while Mr Majuru died on admission at Kwekwe District Hospital,” she said.

The court heard that Fundira and two other passengers were seriously injured and were also taken to Kwekwe District Hospital where they were admitted and later discharged.

“The driver was negligent as he was travelling at an excessive speed under the circumstances and even went on to overtake on double continuous lines. Fundira failed to stop or act reasonably when an accident or collision seemed imminent and failed to keep the motor vehicle under proper control,” said Ms Mugumba. Herald


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