Zimpapers Logo

Nyore Madzianike Manicaland Bureau
THE courts should impose stiff penalties on traffic offenders, especially those who run away from law enforcement agents endangering the lives of members of the public to send a clear message to like-minded drivers, Mutare High Court judge justice Isaac Muzenda has said.

Justice Muzenda said offenders who mock and ridicule law enforcement agents and stubbornly show a disregard for the traffic laws and endanger the safety of the general public needed to be taught a lesson.

He said this while dismissing an application by Theophelus Murahwa seeking an alteration of his sentence after he was jailed for two traffic offences at Mutare magistrates’ court.

The 26-year-old was convicted of driving without a licence and running away from the police at a road block at Mutare’s flyover while having passengers on board.
He was driving a Nissan Vannet (AEP 7947).

Murahwa was then fined $100 for his first count and risks spending a month in jail if he fails to pay the fine.
He was jailed 18 months for the second count before six months were set aside for two years on condition that he does not commit a similar offence within that period.

Irked by the sentence, he then approached the Mutare High Court saying the magistrate, who presided over his case, erred by giving him a custodial sentence instead of a fine.

Murahwa also argued that the magistrate erred and should have considered community service instead of a jail term considering that he was a youthful offender.

Justice Muzenda dismissed his application saying the circumstances of the matter reflected a total disdainful behaviour towards law enforcement agents and the safety of the public.

“It is correct that the moral blame worthiness of the appellant was high,” said Justice Muzenda in his judgment.
“He is 26 years and has three children he cannot be regarded as a youthful offender anymore and should have at least behaved in a manner that reflected contrition by stopping at a road block.

“A clear message must be sent to like-minded offenders who mock and ridicule law enforcement agents and stubbornly show a disregard for traffic law for the safety of the general public,” he said.

Circumstances that led to Murahwa’s arrest were that on July 12 last year, he was plying the city centre – Sakubva route when he was signalled to stop just after flyover along the Mutare – Chimanimani road.

Murahwa failed to comply, flashed his car lights and accelerated with passengers on board. The 26-year-old swerved his car to the right side of the road smashing the reflective cones.

He then drove over an island onto the lane of oncoming traffic to avoid the police roadblock and sped off.
The police gave chase but failed to catch up with Murahwa who disregarded the traffic lights at Paulington intersection.
He also failed to give way to traffic at the Sakubva roundabout. On approaching the robots at the intersection of Liverpool, Bent and Chimanimani road, Murahwa turned right towards Sakubva high-density suburb and went into hiding.

Murahwa was later nabbed at Maonde Bottlestore while drinking beer.