A 31-year-old Shamva man, Benson Sosera who fatally hit six people with his BMW in March 2021, injuring one, has been sentenced to 840 hours of community service and suspension of his license for a year.
Sosera was found guilty of culpable homicide charges when
he appeared before Bindura Magistrate, Ms Ruramai Chitumbura.
He was sentenced to two and half years in prison before six
months were suspended on condition that in the next five years, he does not
commit any offence involving negligent killing of another or other persons in a
road traffic accident.
The remaining two years were suspended on condition that he
completes 840 hours of community service at Chirume Primary School.
The community service commenced on June 18 and will be
completed in 25 weeks.
“Accused is prohibited from driving the class of vehicle he
is licensed for a period of 12 months,” read the sentence.
The accident claimed the lives of Noleen Zihwa, Cynthia
Karikoga, Faith Kanakembizi, Blessed Nhamburo, Tendai Mashaya, and Livious
Mahoko.
Farai Zindoga was injured.
Sosera denied the charges and in his defence, said he was
travelling at 70km per hour, and ahead of him was a commuter omnibus partly
parked on the road.
“It was on Friday, March 5, 2021 when I was travelling from
Chindunduma to Mt Darwin. I was in the company of a boy from my village, who
disembarked at a turn-off since he was going to Harare,” he said.
“The road ahead was clear, so I changed lanes and
accelerated. Suddenly, a woman appeared from the front of the omnibus running
onto the road. To the right, were about eight people by the roadside.”
Sosera said when he hooted, the woman neither stopped nor
returned to the roadside, so he applied brakes, but it was too late and he hit
her.
“She was hit and landed on the windscreen. The sunroof and
steering airbags burst out, and I lost consciousness,” he said.
Prosecutor Mr Clement Kuwanda told the court that the
incident happened at around 10.15am when Sosera was driving his white BMW
registration number AFI 2729 along Harare-Mukumbura Road due north towards Mt
Darwin with no passengers.
The deceased Zihwa (18), disembarked from a commuter
omnibus with three others and started crossing the road from the west to the
east side.
Sosera failed to lookout for other road users and was
travelling at excessive speed resulting in him failing to stop when an accident
seemed imminent at the 135km peg.
The court heard that after hitting Zihwa, the vehicle
veered off the road and razed six pedestrians who were walking along the verge
of the road.
All six died on the spot and Zindoga sustained a fractured
right lower limb.
The BMW travelled for 143 metres from the scene before resting on a culvert pillar.
Possible sentences for culpable homicide charges are life in prison, or a fine up to level 14. Herald
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