Popular prophet up for murder

POPULAR Revival Centre Church leader and prophet Adventure Mutepfa on Tuesday appeared before Mutare magistrate facing charges of culpable homicide stemming from a road accident that led to the death of a pedestrian at Quest Motors last year.

He appeared before Miss Venencia Zvichanzii Mugota and pleaded not guilty to the charges. Mr Medison Garidza appeared for the State.

Culpable homicide, in the Zimbabwean court, is the "unlawful or negligent killing" of a person.

Mutepfa allegedly knocked down Mr Joab Madzibangure on December 3, 2014 when he was driving to a Wednesday church service and the victim died after admission at Mutare Provincial Hospital.

"The accused was driving along the Mutare-Chimanimani road, and on reaching the 3,5 kilometre peg (at Quest Motors), he lost control of his speeding vehicle which swerved to the right side of the road and hit the pedestrian who later died on admission to hospital. The accused failed to stop despite the imminent danger or failed to keep his vehicle under control leading to the death of Joab Madzibangure," said Mr Garidza.

The trial kicked off on Tuesday afternoon with the clergy, who was a self actor, denying responsibility, arguing that he had no intention or premeditation of killing the pedestrian.

Mutepfa argued that he did all he could to avoid the accident, but Mr Madzibangure acted irrationally and negligently such that he was not in full control of his actions. Mutepfa, who was dressed in an immaculate grey suit, argued that he never lost control of his vehicle, but it was Mr Madzibangure who jumped on top of his moving vehicle resulting in the accident.

"I was driving along the Mutare-Chimanimani road and on approaching Quest Motors, I was flanked on the left by another vehicle that swerved towards my lane and I tried to stop. On the extreme left was a parked kombi and as I tried to figure out why the vehicle was swerving, I suddenly saw the late pedestrian in front of my car. He had just been missed by the swerving vehicle.

"The victim made an abrupt U-turn into my lane and started moving backwards. I tried all I could to avoid hitting him by going behind him (in the inner lane) because I had firm control of the vehicle.

"I was not driving fast. The victim was not hit by the front bumper of the car. The reaction of the victim was not rational. He was not in control of his actions. He jumped on top of my car's bonnet and fell on the right side. I was not negligently driving, but it was the pedestrian himself who negligently crossed the road, causing mayhem as he jumped onto my vehicle. The slowness of my vehicle is proved by the way he died. He never sustained any visible injury, proving that the impact was minimal. Even the post-mortem proved that he did not sustain deep injuries, but only minor bruises, which he probably sustained from the shattered windscreen," said Mutepfa.

He further argued that the fact that the victim was hit on the left leg corroborates his argument that he made a sudden U-turn and moved backwards.

The State called its first witness, Mr Ronald Mabvu, a security guard at Quest Motors, who insisted that Mutepfa knocked down the victim on the island of the road.

"I saw the victim reaching the island facing cars going in the opposite direction (Central Business District) from Sakubva. He was hit right there because his car appeared to be speeding, but I can't say at what speed it was travelling, though. I saw his (Mr Madzibangure's) body airborne before landing on the bonnet, shattering part of the windscreen. I heard a loud bang and braking sound. There were skid marks on the road," said Mr Mabvu.

Mutepfa will be back in the dock on April 10 for continuation of trial.

The State will call two civilian witnesses and two police officers to testify, while Mutepfa has three defence witnesses.