A Victoria Falls man walked free from a culpable homicide charge after the state could not prove his driving caused a passenger's death. Victor Sibanda, a forty-seven-year-old deputy head at a local primary school, had been accused of a Nissan NP300 rollover accident last August along the Cross Dete-Binga road. The prosecution argued he drove negligently at high speed, losing control and ejecting two people from the vehicle's load bed. One of those passengers, Amon Tembo, died in late October from his injuries.
Magistrate Rumbidzai Kabasa granted a discharge application, stating the case had fatal flaws. She noted the complete absence of a medical report directly connecting Tembo's death to the crash injuries he sustained over two months prior. The court also found no reliable evidence placing Tembo in the vehicle during the accident, while witness accounts contained contradictions. Official inspection records showing a faulty brake lining on the truck introduced the possibility of mechanical failure, a point the state did not properly address. With no clear causal link established, the magistrate ruled that forcing the accused to defend himself would be unjust. Sibanda, represented by lawyer Nikiwe Ncube, was found not guilty and acquitted.
Magistrate Rumbidzai Kabasa granted a discharge application, stating the case had fatal flaws. She noted the complete absence of a medical report directly connecting Tembo's death to the crash injuries he sustained over two months prior. The court also found no reliable evidence placing Tembo in the vehicle during the accident, while witness accounts contained contradictions. Official inspection records showing a faulty brake lining on the truck introduced the possibility of mechanical failure, a point the state did not properly address. With no clear causal link established, the magistrate ruled that forcing the accused to defend himself would be unjust. Sibanda, represented by lawyer Nikiwe Ncube, was found not guilty and acquitted.
