BY TREVOR MUTSVAIRO ZIMBABWE national cricket team batsman Tarisai Musakanda will learn his fate on August 2 in a case in which he is accused of culpable homicide following a fatal car accident that resulted in the death of former tennis player Gwinyai Chingoka.
The 27 year-old professional cricketer, who is represented by Nelson Tonhodzai of Musendekwa-Mtisi Legal Practitioners, appeared before a Harare magistrate Evelyn Mashavakure on Thursday for trial continuation for his culpable homicide case.
The defense summoned their witness Folliot Chidhakwa, a retired police officer and an accident evaluator who concluded that the main cause of the accident was pedestrian negligence.
Chidhakwa dismissed the indications made by the state witness Sergeant MacDonald Mazhindu stating that some of the measurements were not accurate.
The witness said there were some many factors involved when one evaluates an accident, which include the walking speed of the pedestrian, age of the driver and alertness of the driver.
“On this case the driver was traveling in a built up area and went to a pedestrian that was off the road to a distance around 15 meters when approaching the pedestrian the driver swerved.
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“According to my experience this reaction was not intentional, and the collision was unavoidable.
“The main cause was negligence by the pedestrian any other factors would be just contributing factors.” Chidhakwa said.
The state dismissed Chidhakwa testimony stating that the testimony lacked objectivity.
Musakanda allegedly ran over Chingoka just after the intersection of Josiah Chinamano Avenue and Simon Muzenda Road in Harare on January 16.
Musakanda rushed Chingoka, who sustained leg and elbow fractures, to Parirenyatwa Hospital for medical treatment.
Chingoka was on January 27 transferred to West End Hospital where he succumbed to injuries sustained in the accident.
The cricketer is facing another charge of failure to report the accident to the police as he only handed himself over to police on January 28 after Chingoka’s death.
The matter will return on August 12 for ruling. Takudzwa Jambawo represented the State.