Killer kombi driver appeals sentence

HARARE - A kombi driver who is serving six years for killing a Harare Girls High School student in an accident, yesterday accused the magistrate who presided over his case of being influenced by public pressure when the matter was heard.

Wadzanai Mabika, 41, is appealing against his conviction and sentence through his lawyer Nathaniel Chigoro.

“The magistrate demonstrated emotions and public pressure bore upon it hence the harsh sentence. A judicial officer seized with a determination should not be influenced by emotions,” he said.

“The court misdirected itself by failing to appreciate lowest penal provisions on counts two to five which provides for a fine…count one and six should have been considered as one.”

According to the State, Mabika was negligent in his driving as he only stopped when the Nissan Caravan he was driving hit a lamppost.

He then disembarked and disappeared from the scene leaving the deceased school girl trapped underneath the vehicle.

However, in passing sentence, Harare magistrate Elijah Makomo took into consideration the fact that Mabika pleaded guilty to the charges and did not waste the court’s time.

“The wilfulness in which he drove his vehicle is underpinned by that he ran over the deceased, dragged her body until he hit a post, a painful demise of a young life, very harrowing,” Makomo said.

“There can be no explanation for that level of recklessness.”

“He admitted he saw that he had knocked the girl down but continued anyway, maybe if he had stopped at that stage, maybe death would have been averted,” Makomo said.

The magistrate said a prison term was the only “appropriate sentence” for the accused.

Comments (10)

pinda mujeri unyerere mhondi iwe!

toti - 21 June 2016

ngagare mujeri imhondi

cde nox - 21 June 2016

ngagare mujeri imhondi

cde nox - 21 June 2016

Ko kumuwedzera mamwe hazviiti here? He is very stupid and silly. Kuwana mari yekubhadhara Lawyer iye akauraya munhu.

jerenyenje - 21 June 2016

Six years, the kombi driver is very luck, and should grab the six yrs and run to the nearest prison centre. He will come out first for taking a human life ahead of those caught with snake skins and dead pangolins.

X-MAN IV - 21 June 2016

Bullshit makore awakapihwa mashoma stereki ,he shuld rot in jail

Abiyedu - 21 June 2016

i just pray that the apeals judge realises that the first judgement was too soft and increases the jail time.

pfidzayi chimwamurombe - 22 June 2016

Mhondi iyi yakajaidzwa. He is not even sorry for what he did. Killing 2 people and sentenced to 6 years- nhai magistrate makanga manzwa tsitsi here apa. Chionai manji zvaakukuitai. Vakuru vakati "Tsitsi dzinotsitsirira" aakutoona as if makatomutadzirs. Inzwaika Mambo, with all due respect Tenzi wangu, Hear this sascam out and in your judgement add another 6 years on top to make 6 years for each innocent soul he terminated. Akuda kupihwa 1 year ko hwindi ozopihwa mangani. Mambo musajairirwe nevanhu vane utsinye. Vamwe mai vakatorasikirwa nemwana wavo mushure mekunge vatobhadhara Exam Fee ku Girls High and vamwe mai nevana vakatorasikirwa nababa who was the soul bread winner and maybe mai ivava havatoshandi. Then you hear someone kuti ari kuita appeal nxa ivowo malawyer futi zvimwe munorambawo and educate youyr clients musangoti maringe iri mari. Dai ari mwana wako auraiwa iwe lawyer Nathaniel Chigoro waizomiririra mhondi yacho here. Makafunda henyu asi hamuzive , hamuna njere. Mambo batai munhu - musajairirwe!

grace mubi - 22 June 2016

Mhondi iyi yakajaidzwa. He is not even sorry for what he did. Killing 2 people and sentenced to 6 years- nhai magistrate makanga manzwa tsitsi here apa. Chionai manji zvaakukuitai. Vakuru vakati "Tsitsi dzinotsitsirira" aakutoona as if makatomutadzirs. Inzwaika Mambo, with all due respect Tenzi wangu, Hear this sascam out and in your judgement add another 6 years on top to make 6 years for each innocent soul he terminated. Akuda kupihwa 1 year ko hwindi ozopihwa mangani. Mambo musajairirwe nevanhu vane utsinye. Vamwe mai vakatorasikirwa nemwana wavo mushure mekunge vatobhadhara Exam Fee ku Girls High and vamwe mai nevana vakatorasikirwa nababa who was the soul bread winner and maybe mai ivava havatoshandi. Then you hear someone kuti ari kuita appeal nxa ivowo malawyer futi zvimwe munorambawo and educate youyr clients musangoti maringe iri mari. Dai ari mwana wako auraiwa iwe lawyer Nathaniel Chigoro waizomiririra mhondi yacho here. Makafunda henyu asi hamuzive , hamuna njere. Mambo batai munhu - musajairirwe!

grace mubi - 22 June 2016

I agree with this appeal. It was a judgement swayed by public opinion. We all know how unreasonable the public becomes in sucha cases. Unoitwa kanyama kanyama even though you were not wrong. Anywhere, i know this guy oersonally. He used to work at Okmart in the DIY section. A very usefull and kind dude who would not hurt a fly. How he ended up driving combis in not sure, but i believe it was a genuine accident. This guy is innocent.

Truth be Told - 4 March 2017

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