HARARE – A Harare motorist who reportedly caused the death of CBZ Holding’s chief governance and compliance officer, Walter Ngonidzashe Zure, after ramming into him during his routine morning jog, appeared in court yesterday.
Farai Nhende, 34, of Munro, Cranbone appeared before Harare magistrate Ruramai Chitumbura charged with culpable homicide. He is a holder of a valid Zimbabwean driver’s licence.
According to the State, on July 22 this year around 6am Zure left his residence going for his morning jogging routine.
The court heard that Nhende was driving a Nissan Tilda along Chiremba Road due south and had one passenger Joseph Mandizha.
It was alleged that Zure was jogging at the far left side on the same road when Nhende allegedly lost control of his car and hit him.
According to the State, Nhende reportedly managed to stop his car seven metres from the point of impact and immediately made a U-turn to assess Zure’s condition.
Zure fell down and sustained head injuries, and while Nhende approached the now deceased a soldier arrived at the scene.
The court heard that he assisted Nhende to carry Zure into their car before rushing to Parirenyatwa Hospital for medical attention.
However, he was pronounced dead upon admission.
Zure later reported the matter around 10am that morning and argues that he was still in the confines of the 24 hour requirement within which an accident ought to be reported to the police.
In his defence compiled by E Gitima Attorneys Nhende denied negligently causing Zure’s death and argued that he was the one who exposed himself to the danger by encroaching into his lane.
“It is the accused person’s evidence that the accident occurred due to the sudden actions by the now deceased that could not be reasonably avoided. On the day in question the accused person travelled at or about 60 km/h and denies that he was speeding,” reads the defence.
“He denies losing control of the vehicle and this is completely false and incorrect as noted by the accident evaluator that it is not possible since the vehicle would have hit the road curb which is on the road side.”
Prosecutor Isheunesu Mhiti maintains that Nhende was travelling at high speed that was excessive under the circumstances considering the impact and his failure to stop immediately after the accident.
He dismissed Nhende’s defence that Zure had encroached into his lane and argued that he could have avoided him by moving further right since there were no cars behind him or in the oncoming vehicle’s lane.
Mhiti further stated that Nhende was negligent by failing to keep a proper lookout and stop or act reasonably when a collision seemed imminent.