The magistrate sentenced the driver, Munyaradzi Ronde, to
six months in jail, wholly suspended, even through the kombi driver hit two
vehicles while driving the wrong way down a one-way street in the city centre.
The Herald reports that Justice Faith Mushure agreed there were errors, corrected
the verdict to the more serious reckless driving and remitted the matter back
to the trial court for resentencing and ordered training for the blundering
magistrate whose name was not revealed.
“In the present case, having been satisfied that the State
had proved its case beyond a reasonable doubt on a charge of reckless driving,
the trial magistrate made a sudden volte-face and without explanation,
convicted the accused of negligent driving.
“No reasons were given for such a pronouncement. This is
what the scrutinising regional magistrate found discomforting, and rightly so,
in the proceedings of the trial court. The need to give sufficient reasons for
a decision is a well-trodden path.
“It is baffling how the trial court merely stated, in
concluding its judgment, that the accused had been convicted on a competent
verdict of negligent driving without expounding on its findings.”
“In fact, the need to give adequate reasons became even
greater given that the conviction was on a competent verdict. The court a quo
‘s conclusion was therefore an arbitrary decision,” she said.
In the final analysis, the judge said it was clear that the
proceedings in this case were not in accordance with real and substantial
justice.
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