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Unlicensed policeman jailed for fatal crash

by Staff Reporter
25 Aug 2017 at 09:31hrs | Views
AN unlicenced Zimbabwe Republic Police constable has been jailed an effective nine months in prison for causing a road traffic accident that killed three people in Kwekwe.

Constable Privilege Fundira (31) of Number 1, Mugabe Way in Newton suburb, Kwekwe, who was driving without a valid driver's licence, has also been banned from driving for six months from the time he will acquire a valid driver's licence.

Fundira overtook at a blind rise near Sable Chemicals along the Kwekwe-Harare Highway resulting in a head-on collision that killed the chief executive officer of Redcliff-based Company, Steelmakers, Mr Alexander Johnson, his wife Achamma and their driver Mr Sherman Majuru, last year. Kwekwe Magistrate, Mr Livard Philemon convicted Fundira on all three counts of culpable homicide and another of driving without a licence after full trial. Fundira pleaded not guilty throughout the trial but was convicted on overwhelming evidence.

In passing sentence, Mr Philemon said the degree of negligence was gross.

"The court's finding is that the degree of negligence on the part of the accused was gross. It actually borders between gross negligence and reckless driving.

Such specific finding calls for a custodial term.

"Hence the accused is sentenced to 9 months imprisonment for culpable homicide. For driving without a licence the accused is fined $300 (in default six months in prison) and in addition he is banned from driving for a period of six months from the time he gets a licence," said Mr Philemon.

During trial, Fundira produced a photocopy of a licence he claimed to have obtained from the Democratic Republic of Congo (DRC).

However, Mr Philemon said the licence appeared to be fake.

Prosecuting, Ms Yeukai Mugumba said on May 18 last year, Fundira was driving a Mercedes Benz along the Harare-Kwekwe road towards Kwekwe without a valid driver's licence.

"On the same date, Mr Majuru, the driver of Mr Johnson's vehicle, was driving a Mercedes Benz on the same road going the opposite direction with Mr and Mrs Johnson on board," she said.

Ms Mugumba said on approaching the 196 km peg, at Sable Chemicals Company near Kwekwe, Fundira overtook a vehicle that was in front of him resulting in a head on collision with Mr Johnson's vehicle.

Mr Johnson and his wife died on the spot while Mr Majuru died on admission to Kwekwe District Hospital, she said.

The court heard that Fundira and two other passengers were seriously injured and were taken to Kwekwe District Hospital where they were admitted and later discharged.

"The driver was negligent as he was travelling at an excessive speed under the circumstances and even went on to overtake on double continuous lines.

Fundira failed to stop or act reasonably when an accident or collision seemed imminent and failed to keep the motor vehicle under proper control," said Ms Mugumba.

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Source - Chronicle

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