AN errant kombi driver and his conductor have been jailed after they caused the death of a passenger who fell out of a moving car, as it sped away from traffic police. Owen Maburira (25) and Taurai Mutara (27) were convicted after a full trial by Harare magistrate Tapiwa Kuhudzai. Maburira, who was driving the kombi, was sentenced to five years’ imprisonment.
One year was suspended on condition that he doesn’t commit a similar offence in the next five years In addition, he was banned from driving public service vehicles and had his driver’s licence cancelled. Mutara was sentenced to three years’ imprisonment and one year was suspense for good behaviour. The two caused the death of Chishamiso Baya on March 5 this year at the intersection of Boshoff and Seke Roads in Harare.
The State, represented by Charlotte Chikoore, proved that the pair unlawfully and negligently caused Baya’s death by allowing or causing the door of a public service vehicle, registration number AHA 0848, to be opened while it was in motion. Prosecutors said the pair failed to ensure the safety of passengers, opened or permitted the door to be opened while the vehicle was travelling, failed to stop before the door was opened and failed to act as reasonable persons in the circumstances. Maburira was also charged separately of reckless driving and operating a public service vehicle without the requisite defensive driving and medical certificates. He failed to obey a traffic light and drove on a pavement, endangering pedestrians.
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