JAILED jazz sensation Duduzile (Dudu) Manhenga’s bid for freedom pending appeal against her 18-month sentence for culpable homicide hit a brickwall yesterday after Harare magistrate Blessing Murwisi ruled that prospects of the appeal’s success at the High Court were not bright.
Phillip Chidavaenzi
Manhenga’s lawyer, Evans Moyo, had launched a fresh bail application on the basis that he had noted an appeal at the High Court on behalf of his client against what he called the excessive sentence passed on the jazz crooner.
Moyo also said the court had not considered his submissions that Manhenga was a first offender and that she also offered financial assistance for the funeral of her victim, Graham Martin Millward. Although prosecutor Barbara Ndoro did not oppose the application, Murwisi said that was surprising since she was the one who had called for a deterrent sentence.
“It is surprising that the prosecutor consented after encouraging the court to consider imprisonment. The court stays with its sentence and the application is hereby dismissed,” Murwisi ruled.
Manhenga was convicted on her own plea of guilty to driving using a provisional licence without supervision and causing the death of Millward in a road accident.
The State case was that on March 15, 2010 around 14:15 hours, Manhenga was driving a Toyota Spacio along Sherwood Drive, Mabelreign in Harare, while Millward was riding his motorbike along the same road, but coming from the opposite direction.
Manhenga then turned right to a house in Mabelreign in front of Millward’s motorbike.
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Millward was seriously injured as a result of the collision and was taken to West End Hospital where he died on admission. The State proved that Manhenga failed to keep a proper lookout on the road ahead.
