News / Regional
MDC MP fined $400 for culpable homicide
12 Jul 2011 at 03:35hrs | Views
MDC legislator for Hwange West, Gift Mabhena was yesterday fined US$400 or three months in prison for causing the death of two year-old Tanatswa Zvombingo in 2007.
Victoria Falls magistrate Miss Sharon Rosemani passed the judgement.
Mabhena was found him guilty of causing the death of two year-old Tanatswa Zvombingo in 2007 who died after sustaining head and chest injuries after being hit by the MP's vehicle.
In passing her judgment, Miss Rosemani said: "If Mabhena had managed to keep a proper look out under the circumstances, he would have seen that the shadow he was seeing was in fact the child.
"But he failed to keep a proper look out. Also the assertion that he was travelling at 20km per hour is possible but that speed was high under the circumstances so I find the accused guilty as charged," said Miss Rosemani.
She said Mabhena drove the vehicle that caused the death of the child. Mrs Rosemani said the State called two witnesses adding that the first witness, a former police officer's evidence was biased since he relied too much on the accused.
Miss Rosemani said she was only not convinced with the positioning of the mother when the accident happened.
In mitigation, the defence lawyer, Mr Matshobane Ncube, of Phulu and Ncube Partners said his client was assisted with medical bills and also rendered funeral assistance after the boy died.
He prayed to the court to give Mabhena a sentence with an option to pay a fine saying that he was a family man and was part of the inclusive Government.
Prosecutor Mr Listen Nare said on 15 December 2007 at around 5.45 pm, and along an unnamed gravel road, opposite House Number 5515 in Mkhosana Township, Victoria Falls, Mabhena unlawfully drove a motor vehicle and negligently caused the death of the child.
The accused was driving at 20km per hour since he was aware that he was driving through a residential area.
When he was passing the house of the now deceased child, which had some shrubbery growing outside, he saw a shadow by the side of the road and within seconds he heard a bang on the left side of the car.
He stopped the car and immediately came out to check only to discover that there was a child who had fallen underside of the car who lay between the front and rear wheels.
Victoria Falls magistrate Miss Sharon Rosemani passed the judgement.
Mabhena was found him guilty of causing the death of two year-old Tanatswa Zvombingo in 2007 who died after sustaining head and chest injuries after being hit by the MP's vehicle.
In passing her judgment, Miss Rosemani said: "If Mabhena had managed to keep a proper look out under the circumstances, he would have seen that the shadow he was seeing was in fact the child.
"But he failed to keep a proper look out. Also the assertion that he was travelling at 20km per hour is possible but that speed was high under the circumstances so I find the accused guilty as charged," said Miss Rosemani.
She said Mabhena drove the vehicle that caused the death of the child. Mrs Rosemani said the State called two witnesses adding that the first witness, a former police officer's evidence was biased since he relied too much on the accused.
Miss Rosemani said she was only not convinced with the positioning of the mother when the accident happened.
In mitigation, the defence lawyer, Mr Matshobane Ncube, of Phulu and Ncube Partners said his client was assisted with medical bills and also rendered funeral assistance after the boy died.
He prayed to the court to give Mabhena a sentence with an option to pay a fine saying that he was a family man and was part of the inclusive Government.
Prosecutor Mr Listen Nare said on 15 December 2007 at around 5.45 pm, and along an unnamed gravel road, opposite House Number 5515 in Mkhosana Township, Victoria Falls, Mabhena unlawfully drove a motor vehicle and negligently caused the death of the child.
The accused was driving at 20km per hour since he was aware that he was driving through a residential area.
When he was passing the house of the now deceased child, which had some shrubbery growing outside, he saw a shadow by the side of the road and within seconds he heard a bang on the left side of the car.
He stopped the car and immediately came out to check only to discover that there was a child who had fallen underside of the car who lay between the front and rear wheels.
Source - Court reporter
