Innocent Ruwende Senior Reporter
THE driver of the boat that capsized killing 11 children in Lake Chivero on Christmas Day, Enock Yolani Zulu, yesterday told the court that his child also died in the accident. He was speaking during cross examination and expressed dismay at why

parents of some of the children who died had turned violent on Wednesday.
“I would like to urge the victims’ parents to restrain themselves, we are all mourning,” he said.

Zulu, who is representing himself, said claims by the parents of the deceased children that the boat owner and crew members performed rituals and that they were satanic were unfounded.

He said the type of force that the parents used at Lake Chivero to have their children on the boat was the same they were applying at the courts to have a favourable ruling.
Zulu said he was licenced to drive the boat and claimed that over 200 other boats used by fisheries operating at Lake Chivero were with unlicenced drivers.

Lawyers representing the other accused told the court that the matter should be held in an empty gallery after parents of the deceased children angrily confronted them on Wednesday.

They also asked for the matter to be referred to the Supreme Court for fair trial.
Both their demands were thrown out by magistrate Tendai Mahwe on the merit of frivolity.
Latif Ameer (53) and crew members Fadil Ramon Weale (27), Zulu (36) and Joseph Abrahams (37) are facing 11 counts of culpable homicide.

Lawyers Mr Hamios Mukonoweshuro and Mr Jacob Jogee claimed that they feared for their lives and those of their clients after relatives of the deceased children attacked them.

“After yesterday’s proceedings, a group of people followed me,” said Mr Mukonoweshuro. “I was saved by the quick response of an alert police office and with the help of staff here who locked the door of the court.
“I had to be escorted to my car by police. While I was locked inside people were banging on the door of the car and we left after about an hour.”

Mr Mukonoweshuro said among those who were holding stones were two witnesses threatening to stone his car.
“I fear for my safety and I am afraid to continue this trial while these people are in the gallery because if I ask questions they perceive to be against them they will attack me,” he said.

“The behaviour exhibited by these people is clear hooliganism.
“While they were attacking me they were accusing me of saying that they were negligent and should also face trial. That was their bone of contention.’’
Mr Mukonoweshuro said his clients would not receive a fair trial, arguing that people who were perceived to be vulnerable were part of the hooligans who intended to harm them.

He then made an application to have the children’s relatives barred from attending the trial, “so that we can conduct the trial freely without fear of being attacked by these people”.

Mr Jogee urged the court to find ways of protecting the lawyers and their clients.
“A trial in camera is the best or maybe a trial at the High Court is better because there is security,” he said.
“I speak from experience. I was once attacked in this very building and I bear a scar. I am aware of the sensitivity, we fear for our lives.”

Appearing for the State prosecutor Mr Michael Reza said: “With all due respect Mr Mukonoweshuro, there is need for sensitivity of the matter. You cannot call parents of children who have just died hooligans.
“Just outside the courtroom, one of the parents followed Mr Mukonoweshuro.

“The most lethal weapon that she was holding in her hand was a handkerchief. If she intended to commit murder with a handkerchief that would have been a first.”
Mr Reza said the lady in question wanted to ask Mr Mukonoweshuro what he meant when he said she should be arrested together with the Ministry of Transport officials.

Magistrate Mahwe said any threats that were made outside court should be reported to the police.
He said to say that they will not have a fair trial because of the deceased relatives’ behaviour would be frivolous.
Mr Mahwe said barring relatives from the courtroom would be unfair and urged the State to warn the relatives.

Mr Mukonoweshuro made another application to have the matter referred to the Supreme Court on the basis that his clients would not receive a fair trial, which was also dismissed after Mr Reza argued that it was frivolous, vexatious, embarrassing and lacked merit.
The trial resumes on May 28 with the last State witness expected to testify.