News / Local
Peter Ndlovu denies responsibility for fatal crash
12 Apr 2013 at 03:16hrs | Views
VICTORIA Falls magistrate Mr Archibald Dingana will today make a ruling on the application for discharge at the close of the State's case by soccer legend and Warriors assistant coach, Peter Ndlovu's lawyer.
Ndlovu's trial opened at the Victoria Falls magistrates' court on Wednesday and he broke down as he denied responsibility for the road accident that killed his elder brother Adam and a female passenger, Nomqhele Tshili.
Ndlovu (39), of 7 St Lawrence Road in Parklands, Bulawayo, whose business address was given as MAP Brothers, corner Fort Street and 4th Avenue, is facing charges of culpable homicide for allegedly causing the death of his elder brother and Tshili in a horrific accident near Lupinyu Business Centre in Victoria Falls in December last year.
He is denying the charges, saying it was a result of a tyre burst.
Yesterday, Ndlovu's lawyer Mr Harrison Nkomo, in his submissions, said the State had failed to prove a prima facie case against his client because the tyres that were examined by the police forensic experts did not belong to his vehicle.
Ndlovu, who was wearing a black suit, white shirt and a black tie, looked pensive in the dock.
Mr Nkomo said excitement on the part of the police officers who handled the matter in the investigation made them mix up facts putting aside crucial evidence.
"In a culpable homicide case, there is a need to investigate thoroughly and bring to surface evidence of the accident in question. The accident occurred in the early hours of 16 December 2012. It was a serious one to the extent that the accused was unconscious for a long time.
"While in the Intensive Care Unit at Mater Dei Hospital, Constable Victor Mavhunga, the investigating officer, said he was tasked to investigate a culpable homicide case and it must be emphasised that at that particular time even the post-mortem of the deceased had not been carried out and yet Const Mavhunga had already taken a position," said Mr Nkomo.
"The State failed to establish evidence of excessive speed and failed to prove that the accident was imminent since it was caused by a tyre burst. They also submitted wrong tyres to the court, the tyres whose owner we do not know. The accused's vehicle had two rear Bridgestone tyres and two front Hankook Ventus tyres but the forensic experts examined one Hankook tyre and a Continental tyre."
Mr Nkomo said indications at the scene of the accident were also done in the absence of the accused, which was questionable.
"The sketch plan that was produced in court was done on 20 December in the absence of the accused and it was not drawn according to scale. They did not establish the distance from the point the car veered off the road to its resting place. Evidence regarding speed and how he lost control of the vehicle is clearly inadmissible," said Mr Nkomo.
For the State, area prosecutor Ms Namatirai Ngwashi said she was going to submit her response to the application today.
The State invited two witnesses, Constable Lovemore Tipugara from Hwange Traffic Police and a senior forensic scientist from the Forensic Science Laboratory, Mr David Zuze, who colloborated that the accident was not caused by a tyre burst.
The witnesses testified that the tyre burst on impact with the trees after veering off the road.
Cst Tipugara said: "The accident scene indicated that the vehicle veered off the road on its four wheels after the driver lost control. Since it was on a curve, the centrifugal force overpowered the vehicle to the left and could have only been avoided if the driver had total control of the vehicle."
Mr Zuze told the court that he only received two tyres but did not confirm with the investigating officers if they were indeed from Ndlovu's vehicle.
"The tyres brought in as exhibit were a Hankook Ventus and a Continental. They were received by our forensic liaison officer and I only did the tests. I do not know if they were from the accused's vehicle," he said.
From the Vehicle Inspection Department, Mr Albert Chinaka said he handled two front Hankook Ventus tyres believed to be from Ndlovu's vehilce.
Charges against Ndlovu are that on 16 December last year, he was driving his BMW X5 registered as Nuddy GP.
He allegedly failed to negotiate a curve at the 417km peg along the Bulawayo-Victoria Falls Road, near Lupinyu Business Centre in Victoria Falls and the vehicle veered off the road killing Tshili on the spot while his elder brother, Adam, died on his way to Victoria Falls Hospital.
Ndlovu is accused of failing to take proper control of the vehicle and to stop when an accident seemed imminent resulting in the crash.
Ndlovu's trial opened at the Victoria Falls magistrates' court on Wednesday and he broke down as he denied responsibility for the road accident that killed his elder brother Adam and a female passenger, Nomqhele Tshili.
Ndlovu (39), of 7 St Lawrence Road in Parklands, Bulawayo, whose business address was given as MAP Brothers, corner Fort Street and 4th Avenue, is facing charges of culpable homicide for allegedly causing the death of his elder brother and Tshili in a horrific accident near Lupinyu Business Centre in Victoria Falls in December last year.
He is denying the charges, saying it was a result of a tyre burst.
Yesterday, Ndlovu's lawyer Mr Harrison Nkomo, in his submissions, said the State had failed to prove a prima facie case against his client because the tyres that were examined by the police forensic experts did not belong to his vehicle.
Ndlovu, who was wearing a black suit, white shirt and a black tie, looked pensive in the dock.
Mr Nkomo said excitement on the part of the police officers who handled the matter in the investigation made them mix up facts putting aside crucial evidence.
"In a culpable homicide case, there is a need to investigate thoroughly and bring to surface evidence of the accident in question. The accident occurred in the early hours of 16 December 2012. It was a serious one to the extent that the accused was unconscious for a long time.
"While in the Intensive Care Unit at Mater Dei Hospital, Constable Victor Mavhunga, the investigating officer, said he was tasked to investigate a culpable homicide case and it must be emphasised that at that particular time even the post-mortem of the deceased had not been carried out and yet Const Mavhunga had already taken a position," said Mr Nkomo.
"The State failed to establish evidence of excessive speed and failed to prove that the accident was imminent since it was caused by a tyre burst. They also submitted wrong tyres to the court, the tyres whose owner we do not know. The accused's vehicle had two rear Bridgestone tyres and two front Hankook Ventus tyres but the forensic experts examined one Hankook tyre and a Continental tyre."
Mr Nkomo said indications at the scene of the accident were also done in the absence of the accused, which was questionable.
"The sketch plan that was produced in court was done on 20 December in the absence of the accused and it was not drawn according to scale. They did not establish the distance from the point the car veered off the road to its resting place. Evidence regarding speed and how he lost control of the vehicle is clearly inadmissible," said Mr Nkomo.
For the State, area prosecutor Ms Namatirai Ngwashi said she was going to submit her response to the application today.
The State invited two witnesses, Constable Lovemore Tipugara from Hwange Traffic Police and a senior forensic scientist from the Forensic Science Laboratory, Mr David Zuze, who colloborated that the accident was not caused by a tyre burst.
The witnesses testified that the tyre burst on impact with the trees after veering off the road.
Cst Tipugara said: "The accident scene indicated that the vehicle veered off the road on its four wheels after the driver lost control. Since it was on a curve, the centrifugal force overpowered the vehicle to the left and could have only been avoided if the driver had total control of the vehicle."
Mr Zuze told the court that he only received two tyres but did not confirm with the investigating officers if they were indeed from Ndlovu's vehicle.
"The tyres brought in as exhibit were a Hankook Ventus and a Continental. They were received by our forensic liaison officer and I only did the tests. I do not know if they were from the accused's vehicle," he said.
From the Vehicle Inspection Department, Mr Albert Chinaka said he handled two front Hankook Ventus tyres believed to be from Ndlovu's vehilce.
Charges against Ndlovu are that on 16 December last year, he was driving his BMW X5 registered as Nuddy GP.
He allegedly failed to negotiate a curve at the 417km peg along the Bulawayo-Victoria Falls Road, near Lupinyu Business Centre in Victoria Falls and the vehicle veered off the road killing Tshili on the spot while his elder brother, Adam, died on his way to Victoria Falls Hospital.
Ndlovu is accused of failing to take proper control of the vehicle and to stop when an accident seemed imminent resulting in the crash.
Source - TC
