You are currently viewing Zim Cricketer denies wrongdoing as trial commences

Zim Cricketer denies wrongdoing as trial commences

Vanessa Mhizha

Zimbabwe cricketer Tarisai Musakanda has pleaded not guilty for culpable homicide in the death of former Zimbabwe Davis cup tennis player Gwinyai Chingoka last month.

Musakanda’s lawyer challenged the state saying it was the deceased who was at fault in the case.

The 27-year-old argued that Chigoka, while at the edge of the road, hesitated to cross the road then later decided to cross when vehicles were already in motion.

He also dismissed the state’s claim that he hit the deceased due to negligence driving citing that the accused had observed the pedestrian at a distance and reacted by swerving his car to the left side in a bid to avoid hitting the other vehicle on the right side and at the same time trying to avoid collision with the pedestrian.

He also stressed that the accused had the right of way which makes the deceased wrong and negligent.

He also argued that given the distance at which the accused first saw the pedestrian, it was impossible for the accused to totally avoid the accident as they were other vehicles who made it impossible for him to do so.

A VID traffic accidents evaluation expert Ronald Mazhindu was called to the stand in which he explained that Musakanda reacted the same why any other driver would have in such a scenario by swerving to the side where the risk of collision with other vehicles was little but at the same time trying to avoid hitting a pedestrian.

“The outer lane had another vehicle, trying to avoid collision with the pedestrian like any other driver would do, the motorist swayed to the left side whilst applying breaks but the pedestrian was hit by the front right corner of the vehicle and he fell in the inner lane,” Mazhindu told the court.

However, based on his accident scene reconstruction, Mazhindu opined that the accident would have been averted if the accused had reacted and breaked 30m before the impact point.

“If the accused motorist had breaked (sic) 30 m before the point of impact the pedestrian would have proceeded safely which shows that the accused did not do a proper outlook in accordance with the Highway Code,” he argued.

“They were no independent witnesses, so I only worked with what the accused had provided and I re-constructed the accident scene based on that, at the end of the day this is my job I work with what has been presented before me and I have to formulate an opinion,” he maintained.

Musakanda appeared in court after being arrested for running over former Davis Cup player Gwinyai Chingoka who later died from his injuries two weeks later.

Chingoka was run over while crossing Simon Muzenda Avenue. It is alleged Musakanda later filed a police report on January 28 after the death of Chingoka. The post mortem done concluded that death was due to the accident.

It is the State’s case that Musakanda failed to keep proper lookout of the road and hit a pedestrian Gwinyai Marcus Chingoka who was crossing Simon Vengai Muzenda due West.

Chingoka allegedly sustained fractures on the left leg and elbow due to the impact.

It is alleged Musakanda stopped at the scene of accident and ferried the injured party to Parirenyatwa hospital for treatment.