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Dudu Manhenga

Harare — The High Court yesterday quashed the jail term for jazz musician Dudu Manhenga who was last November convicted and imprisoned for killing a motor cyclist Graham Milward in a road traffic accident while driving without a licence.Manhenga was sent to prison for an effective 18 months by a Harare magistrate after being found guilty of culpable homicide and driving with a learner’s licence without supervision.

The incident happened in 2010 along Sherwood Drive in Mabelreign.

Justices Francis Bere and Charles Hungwe who were presiding over the appeal quashed the jail term and fined Manhenga $1,000 or three months in prison.

In passing judgment Justice Bere said the trial magistrate failed to properly conduct and factually inquire into the position that he arrived at that Manhenga was guilty of culpable homicide or it was gross negligence.

“The sentence imposed by the court in respect of count number two is set aside and substituted by “that the appellant is to pay $1,000 or in default will serve three months imprison-ment and in addition the appellant is sentenced to five months in prison which is suspended for five years on condition the appellant does not within that period commit the same offence involving negligent driving for which on conviction will be sentenced to imprisonment without an option of a fine,” he said.

In her appeal, Manhenga argued that the magistrate erred in finding her guilty of gross negligence without establishing the circumstances surrounding the accident and also failing to take into account mitigatory features of the case. – New Ziana.