THE commuter omnibus driver who ran over a four-year-old toddler was today jailed for an effective two years and ordered to pay an additional $100 fine after Harare provincial magistrate Douglas Chikwekwe convicted him of culpable homicide and contravention of the Road Traffic Regulations Act.
PHILLIP CHIDAVAENZI SENIOR REPORTER
In passing sentence against Lloyd Kusotera (28), Chikwekwe said culpable homicide resulting from reckless driving was a serious offence.
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The court banned Kusotera from driving light vehicles for six months and prohibited him from driving public service and heavy vehicles for the rest of his life.
Chikwekwe observed that cases of kombi drivers running over passengers while fleeing from the police were on the increase.
He said such reckless driving posed a danger to innocent citizens who were at risk of losing their lives once they got into the central business district (CBD).
“Cases of this nature are on the increase. There is erratic driving by commuter omnibus drivers and people have been injured, especially in the CBD, where a dear life was lost prematurely,” he said.
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“It is luck for one to go to work and come back home alive. Surely something must be done. Surely sanity must prevail on our roads.”
Chikwekwe said fleeing from baton–wielding police officers did not constitute extenuating circumstances because the police had a constitutional mandate to approach “any offending person” like Kusotera who did not have medical endorsement, picked up passengers at an undesignated spot and drove against a one–way street.
Francisca Mukumbiri had in aggravation asked the court to impose a custodial sentence because a fine or community service was not deterrent enough. She said Kusotera’s moral blameworthiness was high because he was not supposed to be driving the vehicle.
Kusotera’s lawyer Tawanda Takaindisa had however begged the court to be lenient with his client because he was a first –time offender and married man with three minor children and had contributed during the deceased minor Tanatswa Neil Mutyora’s funeral.
