News / National
Drama in court as magistrate forgets to pass sentence
06 Sep 2013 at 06:24hrs | Views
There was drama at Chitungwiza Magistrate courts on Wednesday when a magistrate forgot to issue a sentence on a commuter omnibus driver who drove his employer's vehicle off route, but still ordered him to jail.
Elliot Mangwiro (35) who was employed as a driver by Mr Lawrence Chimhanda (45) of Zengeza 4 was jointly charged with his conductor Trevor Mashayamombe (19) for driving their paymaster's bus off route to Hwedza before squandering the money they had collected for the day.
Magistrate Ms Jessy Kufa sentenced Mashayamombe to 12 months in prison and conditionally set aside four months for five years and the remaining eight months were commuted to 140 hours of community at Mtenganhamo Primary School in Chitungwiza.
Mashayamombe and Mangwiro appeared before Ms Kufa at the same time and when everybody expected her to pronounce the sentence on Chimhanda, she instead ordered him to the holding cells.
"The second accused (Mangwiro), you were the main perpetrator and a custodial sentence will meet justice to the case, see you next year,"
Ms Kufa said before Mangwiro left the courtroom for the holding cells.
An alert Ms Ntombikayise Nleya who was the prosecutor intervened by reminding Ms Kufa that she was sending Mangwiro to jail without pronouncing the sentence. Ms Kufa apologised to the court and asked Mangwiro to come back in the dock for sentence.
"If you may please forgive me, I am behind time," said Ms Kufa, while preparing to deliver the sentence.
She then sentenced Mangwiro to 24 months in prison with six months of his sentence suspended for five years.
Proved facts were that on August 10 and at around 7am, Mangwiro went to Chimhanda's residence to collect the commuter omnibus as part of his usual duties.
As per agreed route, Mangwiro and Mashayamombe were supposed to operate within the radius of Chitungwiza, but they instead drove to Hwedza where they spent three days without reporting back to remit the money to Mr Chimhanda.
Mr Chimhanda tried in vain to call them, but they were not answering their phones. The duo dumped the bus at Chitungwiza Town Centre three days later and disappeared.
Elliot Mangwiro (35) who was employed as a driver by Mr Lawrence Chimhanda (45) of Zengeza 4 was jointly charged with his conductor Trevor Mashayamombe (19) for driving their paymaster's bus off route to Hwedza before squandering the money they had collected for the day.
Magistrate Ms Jessy Kufa sentenced Mashayamombe to 12 months in prison and conditionally set aside four months for five years and the remaining eight months were commuted to 140 hours of community at Mtenganhamo Primary School in Chitungwiza.
Mashayamombe and Mangwiro appeared before Ms Kufa at the same time and when everybody expected her to pronounce the sentence on Chimhanda, she instead ordered him to the holding cells.
"The second accused (Mangwiro), you were the main perpetrator and a custodial sentence will meet justice to the case, see you next year,"
Ms Kufa said before Mangwiro left the courtroom for the holding cells.
An alert Ms Ntombikayise Nleya who was the prosecutor intervened by reminding Ms Kufa that she was sending Mangwiro to jail without pronouncing the sentence. Ms Kufa apologised to the court and asked Mangwiro to come back in the dock for sentence.
"If you may please forgive me, I am behind time," said Ms Kufa, while preparing to deliver the sentence.
She then sentenced Mangwiro to 24 months in prison with six months of his sentence suspended for five years.
Proved facts were that on August 10 and at around 7am, Mangwiro went to Chimhanda's residence to collect the commuter omnibus as part of his usual duties.
As per agreed route, Mangwiro and Mashayamombe were supposed to operate within the radius of Chitungwiza, but they instead drove to Hwedza where they spent three days without reporting back to remit the money to Mr Chimhanda.
Mr Chimhanda tried in vain to call them, but they were not answering their phones. The duo dumped the bus at Chitungwiza Town Centre three days later and disappeared.
Source - Herald
