Zvikomborero Parafini
PROMINENT car dealer Matthew Musengezi, who is also a city socialite, has given a passionate defence in the case in which he is on trial for culpable homicide, as he battles to avoid conviction, and the possibility of going to jail.
Musengezi, who has pleaded not guilty, testified as the star witness in his defence case when the trial closed in Harare yesterday and judgment will be passed next week.
Prosecutor Charlotte Chikoore alleged that on August 9, 2021, Musengezi was driving a Range Rover, registration number AFN 1256, in Harare along Samora Machel Avenue, due East.
It is the State’s case that he negligently drove his car and side swiped another car, a Toyota Mark X, registration number AFA 6271, along Samora Machel.
The Toyota Mark X veered off the road, spun several times and a passenger, Gregory Zamba, who was sitting on the passenger seat, died on the spot.
After the accident, the State claims that Musengezi failed to stop, failed to report the accident, within 24 hours, ascertain or render assistance and neither did he guard the corpse.
In his defence, Musengezi told the court that on the fateful day, as he approached Rekai Tangwena and Rotten Row, a vehicle, which was moving in the same direction and which was gradually gaining speed, approached the inner lane to his immediate right.
Musengezi claimed that he noticed the erratic manner in which the vehicle was being driven.
A five to 10 metre portion of the road was dark, owing to malfunctioning or broken street lights and without warning and suddenly, Musengezi while still in his lane, noticed a heap of rubble and concrete slabs which had been left in the inner lane.
He said the other car swerved into his lane, presumably as a last-gap measure to avoid collision with the rubble and, without due care, and subtly clipped the rear right end part of his vehicle, before it lost control and collided with the heap of rubble and concrete slab.
Musengezi said he did not change his lane and neither did he change his vehicle’s positional stance and, as such, he was not the cause of the accident which claimed the life of Zamba.
He told the court the accident was caused by the other diver’s excessive speeding.
He claimed it was clear that they were both not wearing seat belts and the driver also could not explain clearly what had happened prior to the accident because he had blacked out.
He suggested he could have been driving under the influence of alcohol and or other intoxicating substances as they were celebrating the deceased person’s birthday.
There was no extensive damage on his car and he denied driving negligently.
He told the court that he felt the impact as a bump and as such didn’t form any subjective knowledge of the accident that’s why he didn’t stop.
He said he had been robbed prior to the accident and was concerned about the valuables he had and for his life.
He also contributed to the funeral, not as an acknowledgment of guilt or fault, but just as a token of his goodwill.It is the State’s case that he negligently drove his car and side swiped another car, a Toyota Mark X, registration number AFA 6271, along Samora Machel.
