Killer soldier's $300 fine angers victim's family

AN elderly couple from Bulawayo has lodged a complaint with the National Prosecuting Authority (NPA) over a "lenient verdict" against an unlicensed soldier who killed their nephew in a hit and run accident. Mr Peter Kanotsauka (59) and his wife Matilda (50) from Hillcrest lost their nephew Kenneth Mayenge (44) after the soldier, Mr Mqalisi Ncube (22) hit him and drove his car over him along Luveve Road on May 14, 2016.

Western Commonage magistrate Miss Tancy Dube fined Mr Ncube, a soldier based in Masvingo, $300 after convicting him of culpable homicide. Mr Ncube fled from the scene, leaving Mayenge for dead before rushing to repair the car and replace a shattered windscreen, apparently to conceal the crime.

The couple told The Chronicle last week the soldier was arrested days after the incident. They said their nephew's spirit haunted a witness who had taken down the vehicle's registration number, until she took it to the police. Mr Ncube was allegedly zigzagging across the road when he hit Mayenge at about 11PM.

"Kenneth flew into the air, crashed onto the windscreen and slid to the ground where Ncube drove his car over him," said Mrs Kanotsauka. Doctors certified Mayenge dead on arrival at Mpilo Central Hospital. He was hiking to the city centre after his car developed a mechanical fault at the Cowdray Park turn-off along Luveve Road.

According to a copy of a police report, which The Chronicle is in possession of, Mr Ncube initially faced four charges; driving without a licence, failure to stop after an accident, failure to report an accident and culpable homicide.

However, a transcript of court proceedings shows the prosecutor Mrs Sibekithemba Dube, only proffered two charges; culpable homicide and driving without a licence. Mr Kanotsauka said the family was crushed by the court's verdict.

"Kenneth was like our son because he grew up in our house. We're not happy that Mr Ncube was ordered to pay a paltry $300 for killing our son, who left behind a wife and four children. One of the children is still being breastfed.

"We've requested fresh investigations and retrial of this case as it's evident that it was not handled properly. "Ncube is a member of the uniformed forces, who is expected to protect the people and uphold the law. He didn't only break the law by driving without a licence but also took the life of a civilian and tried to conceal the offence," said Mr Kanotsauka.

He said the police reports clearly show that there is a lot of information that was not considered in the determination of the matter. "We observed with great concern that the narrative of what really happened before and after Kenneth's death was not brought up in court and that negatively affected the outcome of the trial," said Mr Kanotsauka.

He added that Mr Ncube did not show remorse after committing the crime.

"He ran away after committing the crime and later took the car for repairs to conceal evidence. He even lied to his mother that he had been involved in a fight after she asked him why the car was damaged and why his clothes were stained with blood. It was a devastating experience as we went out of our way to trace Mr Ncube's whereabouts at a time when we were grieving," said Mr Kanotsauka.

Mrs Kanotsauka said their son was assisted by witnesses who saw the accident happening. "Three people saw Kenneth being hit by the car. They followed and caught up with him after driving for about a kilometre, where he had stopped to relieve himself. He ran away and a passenger took over the driver's seat and sped off.

"One of them recorded the vehicle's registration numbers resulting in Mr Ncube's arrest five days later," said Mrs Kanotsauka. She said the three called an ambulance and returned to the scene.

A lawyer who spoke on condition of anonymity said the magistrate was right to fine Ncube, based on the charges he faced in court. "That would be a standard sentence for those charges," said the lawyer. NPA spokesperson Mr Allen Chifokoyo confirmed that they received the complaint adding that the matter was being attended to.

"We received a complaint and one of our officers is attending to it. He has written a letter to the police inquiring on the circumstances of the matter. There are issues raised in the complaint which seem not to have been part of the docket," said Mr Chifokoyo.