Killer kombi driver judgment today

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THE commuter omnibus driver who ran over four-year-old Tanatswa Neil Mutyora at the corner of Kwame Nkrumah Avenue and Chinhoyi Street last month yesterday said he was aware that he was not qualified to drive a public service vehicle and acted recklessly on the fateful day.

PHILLIP CHIDAVAENZI

Lloyd Kusotera (28), who was undergoing trial for culpable homicide before Harare provincial magistrate Douglas Chikwewe, will have his fate sealed today after both the State and the defence wrapped up their cases yesterday.

Kusotera is facing an additional charge of contravening the Road Traffic Regulations Act.

Under cross–examination by State prosecutor Francisca Mukumbiri, Kusotera confirmed that he had no medical endorsement and was therefore not supposed to be driving the commuter omnibus.

“You have no defence,” Mukumbiri said. “You were reckless and negligent and, as a result, a life was lost.”

She said the accused person, contrary to his evidence, drove off while the deceased was already crossing the road and accused him of lying to the court that he was not speeding given that the scene of the accident was crowded.

While giving evidence led by his lawyer Tawanda Takaendesa, Kusotera said he drove off quickly after noticing baton stick –wielding police officers approaching his vehicle and one of them smashed the first window at the right side.

He said shock induced him to flee after he assumed that the police officers were also going to smash the windscreen.

An evaluator from the police traffic section, James Thomas, told the court that if Kusotera was “a reasonably careful driver” he would have realised that his actions could lead to the death of a person because the accident occurred during peak hour.

He disputed Takaendesa’s claims that he wrote the evaluation report just to nail the accused person rather than as an independent evaluator.
The court heard during trial that Kusotera, who resides in Zengeza 5, Chitungwiza, was employed as a commuter omnibus driver by Jinga Tours. It is alleged that around 5 o’clock on the day in question, Kusotera was driving a white Toyota Hiace and was picking up passengers at an undesignated pick-up point.

In an attempt to evade police officers, Kusotera allegedly drove through a one way street on the wrong side and hit Tanatswa who later died on admission at the Avenues Clinic.

22 COMMENTS

  1. Stupid law,if he had a valid licence that’s owk not some silly medical stuff.The law that allows police officers to smash windscreens is the craziest of them all.My middle finger to the overzealous police officers!

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  2. Wha caused head ache is da problem, da police & deir mbomaz are also responsible – dey mus be quesiend also.

  3. @EMMAN The law is not as stupid as you are yourself. Your post is simply full of empty rhetoric bordered on mere malice against the police. Is it the police who drove against a one way street? Is it the police who hit the child with the kombi? For your own information, the mere fact that your brother (the kombi driver) wasn’t qualified to drive the kombi will aggravate his sentence. Hate the police whichever way, your brother is going down, arikutonyura manje; not less than 3 years imprisonment is what he’s going to get – and the police will still carry on with their job. A middle finger to you too!!

  4. By overspeeding against one way in an overcrowded place, The driver could have realised the real risk or possibility of running over a person. Thus he acted recklessly. The law must crucify him. The Police committed no offence here.

  5. wat led to the death of that child is wat we must focus on so that we don’t loose another life thru the same actions. giving this driver uncountable yrs in prison to me doesn’t solve anything. hazvina zvazvibatsira kuwabereki wekufirwa idzi ipfungwa dzangu.

  6. the kombi driver was wrong yes, but we shud not leave the police out, the police must compensate for the family. If it wasnt for the stupid police habit, there wasnt gonna be any death. So the major-street must temper justice with mercy

  7. Even if Police smash every window on your vehicle speeding down a one way(going the wrong way) which is crowded with pedestrians is negligent.

  8. Lighter sentence please, I think he learned his lesson. Next time you stop. Dzungu shoma pa road

  9. driving against a one way iz an offence on its own and we add causing loss of life.Kusotera must get nt less than 7yrs imprisonment

  10. guys we have lost so many soul as a result of the stupidity exhibited by these combi drivers. we can not afford to continue loosing. may he be given a detterent sentence. kana windscreen rika rowa ndiye anenge arohwa here?

  11. We can not fairly ignore the primitive act of vandalism that led to manslaughter. We see it in movies all the time. Responsible police work secures innocent bystanders first and traces criminals later in my view. The word overzealous couldn’t be more apt. This uniquely Zimbabwean policing method is acking in dignity, responsibility and common sense and has cost unnecessary deaths including those of policemen. Responsible policeman can not hide un-lawful or un-reasonable overzelous brainless acts behind kombi drivers who act to protect property. Windows smashing has stop so that criminal acts by Kombi drivers are properly exposed. Zim is the home of reckless baton wielding cops and that’s wrong. Stop abuse by baton stick NOW

  12. Why not be answerable before courts like what has happened? This matter would ordinarily have been quietly resolved by payment of a discreet bribe. Let’s not indiscirminately lash at citizens with baton sticks. Police should take people to court rather than take the law into their own hands when we are supposed to have compentent judges. Was it lawfully or reasonable to unleash anyone in public with a baton stick and cause have havoc when their is no uncontrollable rioting to contain? ZRP ne’er-do-rights with lawless methods

  13. It doesn’t make sense to me, sacrificing innocent lives to finally catch a kombi driver over an offence they still managed to investigate and prosecute. Isn’t that what they should have done all along?

  14. We may point fingers at the police but one thing for sure is if these kombi owners and crew are left on the streets there will be total disasters everyday here. The kombis need their own road and towns. I cannot leave with them. All those supporting them you need to come to corner chinhoyi and kwame to witness that these guys are animals. They park in the middle of the road, drive against one way, shout unprintable words etc

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  16. it should have been murder not culp.from this article this guy broke every law that he could break and people still think he is a victim!!!!come on guys

  17. yes police is not allowed to smash the windscreen but is the driver of the commuter allowed to hit innocent child like what happened?think you people dai ari hama yako handifungi kuti maisekerera a reckless kombi driver nxaaaaaaaaaaaaaaaaaaaaaaaaa

  18. I am saying when police take the law into their own hands there is havoc. That’s why the courts are there. We don’t hear of end results like this every day, if they break serious law why aren’t they taken to court and prosecuted?

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