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A policeman escorts the commuter omnibus driver who knocked down and killed a four-year-old boy into the Harare Magistrates Courts

Fungai Lupande Court Reporter
The commuter omnibus driver who recently knocked and killed a four-year-old boy while fleeing police in Harare, was today sentenced to two years in prison for culpable homicide.

His license was cancelled and fined $100 for driving without a medical endorsement.

Lloyd Kusotera (28) pleaded guilty to driving without medical endorsement and pleaded not guilty to culpable homicide.

However, Harare provincial magistrate Mr Douglas Chikwekwe, convicted Kusotera after a full trial.

Mr Chikwekwe evoked mandatory provisions of the Traffic Act after ruling that there were no special circumstances and sentenced Kusotera to two years in prison on culpable homicide charges.

In addition, Kusotera was barred from driving all classes of vehicles for six months. He was also prohibited from driving heavy vehicles and commuter omnibuses for the rest of his life.

Mr Chikwekwe cancelled Kusotera’s driver’s licence.

On the second count of driving without a medial endorsement, Kusotera was fined $100 or two months in prison.

In passing sentence Mr Chikwekwe said it is by luck that one goes into town and comes back alive because of the erratic driving of commuter omnibus drivers.

“Something must be done to ensure sanity prevails in our roads. Many people have been injured and a dear life was ended prematurely, there is a public outcry.

“The police had a constitutional mandate to approach Kusotera as an offending person but running away from the police against a one way is not a special circumstance.

“Ignorance of the law or greed for money led him to drive without a medical endorsement,” he said.

In aggravation prosecutor, Ms Francesca Mukumbiri, told the court that cases of commuter omnibus drivers who hit pedestrians are on the increase.

“It is now scary to move around the CBD to the extent that people anticipate writing a will before going for shopping. It is wrong for Kusotera to transfer liability to the police,” she said.

While presenting Kusotera’s special circumstances his lawyer, Mr Tawanda Takaendesa, told the court that his client was attacked by the police and became confused leading to the accident.

Ms Mukumbiri closed the State case after calling Norest Masiiwa, Tawanda Maere and James Thomas as witnesses.

Ms Mukumbiri said Kusotera of Zengeza 5 in Chitungwiza was employed as a commuter omnibus driver by Jinga Tours.

On the fateful day at around 5 pm, Kusotera was driving a white Toyota Hiace and was picking passengers at an undesignated pick-up point.

Trying to evade the police, Kusotera drove the wrong way down a one-way street and hit Tanatswa Neil Mutyora who was pronounced dead upon arrival at the Avenues Clinic.

The court said Kusotera was negligent when he travelled at excessive speed, failed to keep a proper lookout, travelled against the one-way signs and failed to stop or act reasonably when the accident seemed imminent.