News / National
Doctor faces culpable homicide
03 Feb 2013 at 01:46hrs | Views
A NYANGA General Hospital-based doctor, Henry Dambanemuya (57), was last week arraigned before a Rusape magistrate on charges of driving without a licence and culpable homicide after his vehicle allegedly hit and killed two people.
Dambanemuya appeared before Rusape provincial magistrate, Mr Shingi Mutiro and pleaded guilty to the charge of driving without a licence, but pleaded not guilty to the culpable homicide charge.
Rusape-based lawyer, Mr Maxwell Chiwanza, of Chiwanza and Legal Practitioners is representing the medical practitioner.
Ms Event Dhliwayo is prosecuting.
The accident occurred on April 18, 2012.
On the culpable homicide, Ms Dhliwayo argued that Dambanemuya, of 26 Valleyview Rochdale, Nyanga was driving a Honda Citi (AMB 5812) along the Rusape-Nyanga Road without a driver's licence and on approaching the 33km peg along the stated road, he hit a cyclist, Wellington Chikandawa who was carrying one passenger, Francis Mukarate going the same direction.
"The accused tried to overtake the cyclist and hit the front wheel of the bicycle with the left side of the vehicle.
"Both the cyclist and the passenger fell onto the vehicle's windscreen before hitting the tarmac. Wellington Chikandawa and Francis Mukarate sustained serious head injuries and deep cuts on the legs, while the vehicle's windscreen was shattered.
"The accused failed to give sufficient space when overtaking the cyclist, failed to act reasonably when the accident seemed imminent, was travelling at excessive speed and failed to have a proper lookout," said Ms Dhliwayo.
Mr Chiwanza argued that as the accused overtook the deceased, he suddenly turned onto the road resulting in the collision.
"He was driving diligently, but the deceased caused the accident," said Mr Chiwanza.
Dambanemuya appeared before Rusape provincial magistrate, Mr Shingi Mutiro and pleaded guilty to the charge of driving without a licence, but pleaded not guilty to the culpable homicide charge.
Rusape-based lawyer, Mr Maxwell Chiwanza, of Chiwanza and Legal Practitioners is representing the medical practitioner.
Ms Event Dhliwayo is prosecuting.
The accident occurred on April 18, 2012.
"The accused tried to overtake the cyclist and hit the front wheel of the bicycle with the left side of the vehicle.
"Both the cyclist and the passenger fell onto the vehicle's windscreen before hitting the tarmac. Wellington Chikandawa and Francis Mukarate sustained serious head injuries and deep cuts on the legs, while the vehicle's windscreen was shattered.
"The accused failed to give sufficient space when overtaking the cyclist, failed to act reasonably when the accident seemed imminent, was travelling at excessive speed and failed to have a proper lookout," said Ms Dhliwayo.
Mr Chiwanza argued that as the accused overtook the deceased, he suddenly turned onto the road resulting in the collision.
"He was driving diligently, but the deceased caused the accident," said Mr Chiwanza.
Source - MP
