AN unlicensed speeding Honda Fit pirate taxi driver
ploughed into four pedestrians, killing one of them on the spot after losing
control of the vehicle while fleeing from traffic cops in the city centre in
Bulawayo.
This emerged when Neverson Siyapeya (37) of New Lobengula
suburb in Bulawayo approached the High Court seeking bail pending appeal
against sentence.
Siyapeya was driving a Honda Fit in January this year when
he hit four pedestrians and killed a 65-year-old man, as police pursued him in
a high-speed chase.
He was convicted of culpable homicide, driving without a
licence, negligent driving and failing to stop after the accident by Bulawayo
magistrate Mr Shepherd Mjanja. He was last month sentenced to an effective 27
months in jail for culpable homicide and negligent driving and fined $1 200 or
three months in jail for driving without due care and attention.
For his failure to stop after the accident, Siyapeya was
slapped with an $800 fine or 60-days imprisonment. He was fined $1 500 for
driving without a driver’s licence. Siyapeya is already serving at Khami
Prisons.
Dissatisfied with the custodial sentence, Siyapeya through
his lawyers Tanaka Law Chambers approached the Bulawayo High Court seeking bail
pending finalisation of his appeal.
In papers before the court, Siyapeya cited the State as a
respondent.
In his bail statement, he said there were no compelling
reasons by the State warranting refusal for bail pending appeal, arguing that
his appeal had prospects of success hence he had no reason to abscond if
released on bail.
“There is not even a remote possibility of danger to the
administration of justice should the applicant be released on bail pending
appeal. In this case, applicant submits that the ground raised in the notice of
appeal are properly founded and would induce the court to rule in his favour,”
argued Siyapeya’s lawyers.
“The applicant has been out on bail before conviction, he
did not abscond and therefore the possibility of absconding does not exist.”
Siyapeya offered to pay $2 000 bail and to continue
residing at his given address until the finalisation of the matter.
The State, which is being represented by Mr Kudakwashe
Jaravaza opposed the application, arguing that there were no reasonable
prospects of success on appeal against sentence.
“The applicant was legally represented and pleaded guilty
and duly convicted and sentence. It is the State’s view that this was a serious
case where a human life was needlessly lost due to the negligent actions of the
applicant. The trial magistrate did not err in passing a custodial sentence as
a non-custodial sentence would have been a mere slap on the wrist in these
circumstances,” said Mr Jaravaza.
“Applicant showed total disregard for human life and it was
fortuitous that only one life was lost. It is submitted that the applicant has
no prospects of success on appeal against sentence as such the State prays for
the dismissal of the application.”
According to court papers, on January 23, Siyapeya was
driving a Honda Fit along Herbert Chitepo Street in Bulawayo.
Siyapeya who was fleeing from traffic cops, hit a
stationary motor vehicle which was dropping off passengers at Pick and Pay
Supermarket.
After the accident, Siyapeya fled from the scene before
ploughing into three pedestrians who were crossing the road.
He again sped off, but lost control of the vehicle while
negotiating a corner and hit Henry Ndlovu who was standing by the road side
killing him on the spot.
According to the post mortem report, the cause of death was
hypovolemic shock, pulmonary lacerations, ribs fracture and road traffic
accident. Chronicle
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