Home » Legal and Judicial Affairs » Killer Kombi Driver Jailed Two Years for Culpable Homicide

THE commuter omnibus driver charged with killing a four-year-old boy in the city centre following a cat and mouse game with police was Thursday sent to prison for an effective two years by a Harare Magistrate.

Lloyd Kusotera, 28, was convicted of culpable homicide and driving without a medical certificate by magistrate Douglas Chikwekwe who also prohibited Kusotera from driving public and heavy vehicles for the rest of his life.

Kusotera was also ordered to pay a fine of $100 for contravening the Road Traffic Act or serve an additional two months jail term while his driver’s license was also revoked forthwith.

Defence Lawyer, Tawanda Takaendesa, had pleaded for a non-custodial sentence for his client he argued was a first offender.

The attorney noted that his client had shown remorse for the offence he committed as he contributed assistance for the deceased funeral expenses.

But magistrate Chikwekwe ruled that there was need to pass a deterrent sentence due to circumstances of the accident and that the “accused’s actions were not consistent with a public vehicle driver” as he displayed a shocking degree of recklessness and negligence on the day in question.

“The accused was not supposed to be driving a public vehicle in the first place. He was the author of his own problems, in defiance with the law, he decided to play cat and mouse with the police,” said the magistrate.

“The accused’s defence, that he had his vehicle window screen smashed is not corroborated by evidence availed in this court.

“There was no debris on the scene showing that indeed his windscreen had been smashed by police. I take it as an afterthought by the accused in trying to cover up his own wrong doing.”

The court ruled that police had a constitutional mandate to approach anyone committing an offence.

“The accused must not blame the police for his negligence. He must have obeyed traffic regulations, and also co-operate with law enforcement agents. If he had done that, he could have preserved the precious innocent life lost in the accident.

“Allegations levelled by the accused’s lawyer, accusing police of intimidating their client are not true and must be dismissed as falsehoods,” said Chitekwe.

It was the State case that, on April 22 at around 1700 hours, Kusotera was driving a white Toyota Hiace registration number ACQ7293 and was picking up passengers at an undesignated point.

In an attempt to flee from traffic police officers, Kusotera drove against a one way and hit Tanatswa Neil Matyora of Rugare high density suburb, who was pronounced dead on arrival at a local private clinic in the capital.

Source : New Zimbabwe

Archives