HH 344-18 CHAWAONA WILBARD KANOTI versus THE STATE

CHAWAONA WILBARD KANOTI

versus

THE STATE

 

 

 

HIGH COURT OF ZIMBABWE

HUNGWE & WAMAMBO JJ

HARARE, 20, 27 February 2018 & 20 June 2018

 

 

 

Criminal Appeal

 

 

D. Mukanga, for the appellant

E. Nyazamba, for the respondent

 

 

            WAMAMBO J: The appellant was convicted by the Harare, Magistrate Court for contravening s 52 (2) of the Road Traffic Act [Chapter 13:11] (negligent driving) and on 1 July 2014 he was sentenced to $50 in default of payment 5 days imprisonment.

            He appealed only against conviction and raised seven would be grounds the summary import of which is that the informant had a motive to falsely incriminate him, that photographic evidence did not support the conviction, credibility of witnesses and non-submission of the Traffic summary by the State. The State however made a concession and it trite that we are not bound by it. We also do not agree with the concession.

            The facts are that on 6 October 2013 and at corner Kirkman and Quarry roads in Harare the vehicle driven by the appellant and that driven by Chigwede James collided. The State asserted that the appellant caused the accident in that he was negligent in one or more of the following: failure to keep a proper look, following too closely and failing to act reasonably when a collision seemed imminent. The appellant on the other side asserts that he was not negligent for it was Chigwede James whose vehicle had its lights off who made a sudden u-turn in the appellant’s front.

The State called Chigwede James and the investigating officer as its witnesses. The two witnesses’ evidence is in tandem with the circumstances of the case and the damage on the two cars involved in the accident. Chigwede James’ vehicle was hit on the rear right door while the appellant’s vehicle was hit on the front left side. Such damages are inconsistent with the version given by the appellant. The damages reflect that the appellant was following too closely and 

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