Africa-Press – Zimbabwe. A TRUCK driver from Karoi received a major reprieve after the High Court downgraded his offence and spared him further prison time.
The magistrates court convicted Benefit Zimunhu of reckless driving and sentenced to two years in jail, and banned him from driving for life.
He was found guilty of driving a six-tonne Nissan Diesel truck at night along Chiumburukwe Road without headlights in January last year.
Zimunhu was arrested while driving using a torch to provide light.
However, High Court judges Justices Philda Muzofa and Catherine Bachi-Mzawazi found that the lower court had erred in dismissing expert evidence from the Vehicle Inspectorate Department (VID), which showed that one set of the truck’s headlights was functional.
“The court a quo misdirected itself on the said issue,” the judges ruled.
It was also ruled that Zimunhu’s conduct was negligent, not reckless, since one set of lights was on, making the vehicle visible to other road users.
Instead of the two-year custodial term, the court imposed a 10-month prison sentence, with three months suspended and the remaining seven months converted to community service.
The judges also lifted the lifetime driving ban, prohibiting Zimunhu from driving heavy trucks (Class 2) for 12 months.
“Our roads have become death traps. Every driver, therefore, has a duty to guard against creating conditions that exacerbate road accidents. His conduct must be nipped in the bud,” the court said.
Zimunhu had argued that his headlights became faulty as he was driving and that he seeking a safe place to park when he was arrested.
However, his admission under cross-examination that someone in the back of the truck was using a torch to light the way undermined his defence.
The High Court ultimately convicted Zimunhu of negligent driving, citing police testimony and the VID report, which confirmed he drove an unregistered vehicle at night with faulty lights.
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