News / Local
BMW driver who killed 6, sentenced to community service
20 Jul 2023 at 16:18hrs | Views
A 31-year-old Shamva man, Benson Sosera who fatally hit six people with his BMW in March 2021, injuring one, has been sentenced to 840 hours of community service and suspension of his license for a year.
Sosera was found guilty of culpable homicide charges when he appeared before Bindura Magistrate, Ms Ruramai Chitumbura.
He was sentenced to two and half years in prison before six months were suspended on condition that in the next five years, he does not commit any offence involving negligent killing of another or other persons in a road traffic accident.
The remaining two years were suspended on condition that he completes 840 hours of community service at Chirume Primary School.
The community service commenced on June 18 and will be completed in 25 weeks.
"Accused is prohibited from driving the class of vehicle he is licensed for a period of 12 months," read the sentence.
The accident claimed the lives of Noleen Zihwa, Cynthia Karikoga, Faith Kanakembizi, Blessed Nhamburo, Tendai Mashaya, and Livious Mahoko.
Farai Zindoga was injured.
Sosera denied the charges and in his defence, said he was travelling at 70km per hour, and ahead of him was a commuter omnibus partly parked on the road.
"It was on Friday, March 5, 2021 when I was travelling from Chindunduma to Mt Darwin. I was in the company of a boy from my village, who disembarked at a turn-off since he was going to Harare," he said.
"The road ahead was clear, so I changed lanes and accelerated. Suddenly, a woman appeared from the front of the omnibus running onto the road. To the right, were about eight people by the roadside."
Sosera said when he hooted, the woman neither stopped nor returned to the roadside, so he applied brakes, but it was too late and he hit her.
"She was hit and landed on the windscreen. The sunroof and steering airbags burst out, and I lost consciousness," he said.
Prosecutor Mr Clement Kuwanda told the court that the incident happened at around 10.15am when Sosera was driving his white BMW registration number AFI 2729 along Harare-Mukumbura Road due north towards Mt Darwin with no passengers.
The deceased Zihwa (18), disembarked from a commuter omnibus with three others and started crossing the road from the west to the east side.
Sosera failed to lookout for other road users and was travelling at excessive speed resulting in him failing to stop when an accident seemed imminent at the 135km peg.
The court heard that after hitting Zihwa, the vehicle veered off the road and razed six pedestrians who were walking along the verge of the road.
All six died on the spot and Zindoga sustained a fractured right lower limb.
The BMW travelled for 143 metres from the scene before resting on a culvert pillar.
Possible sentences for culpable homicide charges are life in prison, or a fine up to level 14.
Sosera was found guilty of culpable homicide charges when he appeared before Bindura Magistrate, Ms Ruramai Chitumbura.
He was sentenced to two and half years in prison before six months were suspended on condition that in the next five years, he does not commit any offence involving negligent killing of another or other persons in a road traffic accident.
The remaining two years were suspended on condition that he completes 840 hours of community service at Chirume Primary School.
The community service commenced on June 18 and will be completed in 25 weeks.
"Accused is prohibited from driving the class of vehicle he is licensed for a period of 12 months," read the sentence.
The accident claimed the lives of Noleen Zihwa, Cynthia Karikoga, Faith Kanakembizi, Blessed Nhamburo, Tendai Mashaya, and Livious Mahoko.
Farai Zindoga was injured.
Sosera denied the charges and in his defence, said he was travelling at 70km per hour, and ahead of him was a commuter omnibus partly parked on the road.
"It was on Friday, March 5, 2021 when I was travelling from Chindunduma to Mt Darwin. I was in the company of a boy from my village, who disembarked at a turn-off since he was going to Harare," he said.
"The road ahead was clear, so I changed lanes and accelerated. Suddenly, a woman appeared from the front of the omnibus running onto the road. To the right, were about eight people by the roadside."
Sosera said when he hooted, the woman neither stopped nor returned to the roadside, so he applied brakes, but it was too late and he hit her.
"She was hit and landed on the windscreen. The sunroof and steering airbags burst out, and I lost consciousness," he said.
Prosecutor Mr Clement Kuwanda told the court that the incident happened at around 10.15am when Sosera was driving his white BMW registration number AFI 2729 along Harare-Mukumbura Road due north towards Mt Darwin with no passengers.
The deceased Zihwa (18), disembarked from a commuter omnibus with three others and started crossing the road from the west to the east side.
Sosera failed to lookout for other road users and was travelling at excessive speed resulting in him failing to stop when an accident seemed imminent at the 135km peg.
The court heard that after hitting Zihwa, the vehicle veered off the road and razed six pedestrians who were walking along the verge of the road.
All six died on the spot and Zindoga sustained a fractured right lower limb.
The BMW travelled for 143 metres from the scene before resting on a culvert pillar.
Possible sentences for culpable homicide charges are life in prison, or a fine up to level 14.
Source - The Herald
