The ManicaPost
Mercy Ngwebvu
REVIVAL Centre Church leader and prophet, Adventure Mutepfa, was on Monday convicted of culpable homicide and was fined $400 or four months imprisonment.He had pleaded not guilty to the unlawful or negligent killing of a person.
Mutepfa appeared before Mutare magistrate, Miss Venencia Zvichanzii Mugota, who said the only reason why the prophet was spared time in prison was his 30 years clean driving record.
Said Miss Mugota: “This court finds you guilty as charged. However, in passing sentence I considered the fact that the accused is a family man.
“He is also a first offender who has managed to maintain a clean driving record for three decades.”
The court heard that on December 3 last year, Mutepfa knocked down Mr Joab Madzibangure while driving to a Wednesday service.
He was driving along Mutare-Chimanimani Highway when he lost control of his speeding vehicle when he got to the 3,5km peg near Quest Motors and it swerved to the right, hitting Mr Madzibangure in the process.
Although Mutepfa rushed Mr Madzibangure to Mutare Provincial Hospital, he later died after admission.
Prosecuting, Mr Medson Garidza told the court that despite the imminent danger, Mutepfa failed to stop or control his vehicle leading to the victim’s death.
In his defence, Mutepfa, who had no representation, denied responsibility of having killed Mr Madzibangure saying it was neither his intention nor premeditation, but just an honest accident.
He added that Mr Madzibangure was the one who was not in control of his actions and he actually chose his fate when he jumped into his moving vehicle.
“I was driving along Mutare-Chimanimani Road and when I approached Quest Motors, a vehicle on my left swerved towards my lane and I tried to stop. On the extreme left was a parked kombi and when I tried to figure out why the vehicle had swerved, I suddenly saw the pedestrian in front of my car.
“He had just been missed by the swerving vehicle.
“The victim made an about U-turn and started moving backwards. I tried by all means not to hit him, but in vain. I had firm control of the car and I wasn’t driving fast.
“This is explained by the fact that the victim did not sustain any visible injuries. I was not driving negligently, rather the pedestrian himself is the one who negligently crossed the road, causing mayhem as he jumped onto my vehicle,” said Mutepfa.
One of the witnesses, however, insisted that Mutepfa had knocked down the victim on the island of the road.
