News / National
Smart Express driver locked up
18 Nov 2018 at 08:34hrs | Views
THE Smart Express bus driver who fled the scene of the accident that killed 46 people – 45 of them on the spot – and later handed himself to police was on Monday denied bail by a Rusape magistrate.
Cosmas Munotyei Marembo (50) surrendered to police two days after being declared a fugitive, which culminated in a manhunt being launched to catch him.
He appeared before Mr Gift Manyika facing one count of culpable homicide and one count of failing to report an accident within 24 hours and failing to stop and offer assistance at an accident scene – as required by the Road Traffic Act.
Marembo was represented by Mr Cosmas Chibaya, of Chibaya and Associates.
Mr Chibaya begged Mr Manyika to release his client on bail arguing that Marembo was not a fugitive because he handed himself to police.
Prosecutor Mr Marion Makamba had submitted that Marembo was facing very serious offences and must not be granted bail.
She submitted that Marembo was a fugitive having fled from the scene and only handed himself to police after a manhunt for him had been launched.
"On November 7, 2018 Marembo was driving a Higer bus registration number ABO 2730 belonging to Smart Express. He overtook across prohibited double white lines at the 162km peg along Harare-Mutare road and was involved in a side swipe accident with Temba Sorota, now deceased, who was driving a Zhong Tong bus, belonging to Bolt Cutter that was coming from Harare. This resulted in the death of 46 passengers and injury of 59.
"After having been involved in a serious road traffic accident, Marembo failed to report it within 24 hours.
"He also failed to stop after a serious road accident to render assistance to the injured," said the prosecutor.
In his bail ruling, Mr Manyika said Marembo was a flight risk and not suitable for bail.
He said Marembo fled soon after the accident that affected a lot of people in the country and his safety was best guaranteed in custody.
"Bail is your right according to the constitution, but not an absolute right as it can be limited considering reasons given by the State. The accused is a flight risk, who soon after the accident, fled from the scene. The accused's lawyer said his client did not flee, but just removed himself from the scene and later went to police after two days. Why did he remove himself from the scene?
"The accident was a horrific one that was declared a national disaster. The public will lose confidence in the justice system if accused is freed on bail. This accident is a sensitive one and for your own safety, you will not be granted bail. Many people are naturally attached to this case.
"The sensitivity of the accident has been amplified by social media, and your safety is no longer guaranteed out of custody. The magnitude of the sensitivity is very high," said Mr Manyika.
Mr Manyika rolled over the matter to November 23, 2018 where the State is expected to provide the trial date.
Cosmas Munotyei Marembo (50) surrendered to police two days after being declared a fugitive, which culminated in a manhunt being launched to catch him.
He appeared before Mr Gift Manyika facing one count of culpable homicide and one count of failing to report an accident within 24 hours and failing to stop and offer assistance at an accident scene – as required by the Road Traffic Act.
Marembo was represented by Mr Cosmas Chibaya, of Chibaya and Associates.
Mr Chibaya begged Mr Manyika to release his client on bail arguing that Marembo was not a fugitive because he handed himself to police.
Prosecutor Mr Marion Makamba had submitted that Marembo was facing very serious offences and must not be granted bail.
She submitted that Marembo was a fugitive having fled from the scene and only handed himself to police after a manhunt for him had been launched.
"On November 7, 2018 Marembo was driving a Higer bus registration number ABO 2730 belonging to Smart Express. He overtook across prohibited double white lines at the 162km peg along Harare-Mutare road and was involved in a side swipe accident with Temba Sorota, now deceased, who was driving a Zhong Tong bus, belonging to Bolt Cutter that was coming from Harare. This resulted in the death of 46 passengers and injury of 59.
"He also failed to stop after a serious road accident to render assistance to the injured," said the prosecutor.
In his bail ruling, Mr Manyika said Marembo was a flight risk and not suitable for bail.
He said Marembo fled soon after the accident that affected a lot of people in the country and his safety was best guaranteed in custody.
"Bail is your right according to the constitution, but not an absolute right as it can be limited considering reasons given by the State. The accused is a flight risk, who soon after the accident, fled from the scene. The accused's lawyer said his client did not flee, but just removed himself from the scene and later went to police after two days. Why did he remove himself from the scene?
"The accident was a horrific one that was declared a national disaster. The public will lose confidence in the justice system if accused is freed on bail. This accident is a sensitive one and for your own safety, you will not be granted bail. Many people are naturally attached to this case.
"The sensitivity of the accident has been amplified by social media, and your safety is no longer guaranteed out of custody. The magnitude of the sensitivity is very high," said Mr Manyika.
Mr Manyika rolled over the matter to November 23, 2018 where the State is expected to provide the trial date.
Source - manicapost
