Traffic cop killing motorist in court
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Jardine Heath Roy (35) of Number 3 Reudes Flo Road in Fortunes Gate was not formally charged with culpable homicide and driving under the influence of alcohol.
Bulawayo provincial magistrate Mrs Thobekile Mkhosana-Matibe granted him $500 bail and he should reside at his given address until the finalisation of the matter.
The court also ordered him to surrender his passport to the clerk of the Provincial Magistrate's Court and he should report to Bulawayo Police Traffic twice a week, on Mondays and Fridays.
In granting him bail, the court said the State had failed to produce any evidence to show that he would not stand trial except to say the crime he was facing was a serious one.
Roy will next appear in court on 22 June, which has been set as the trial date by the State and his defence counsel is Mr Josiniah Maupa of Mkushi, Foroma and Maupa Legal Practitioners in Kwekwe.
Seeking the postponement, Mr Carrington Dhliwayo, for the State, said the State is yet to receive the post-mortem report of Sergeant Ottilia Magwenya (36) and that police investigations have not been completed.
He said the State was also waiting for the valuator's report and the breathalyser report.
The court heard that on 3 June, Roy was driving a Land Rover Defender coming from Fortunes Gate towards the city centre.
Three police officers, including Sgt Magwenya, were manning a speed trap along 12th Avenue Extension opposite the United Bulawayo Hospitals.
When approaching the speed trap at around 2pm, Roy's vehicle was caught doing 137km per hour in a 70km per hour zone.
The court heard that Sgt Magwenya, who was dressed in police uniform with reflective material, moved onto the road signalling Roy to stop.
Instead of stopping his vehicle, the State alleges, he hit Sgt Magwenya who was by then trying to run away from the road. The police officer died on the spot.
After his arrest, Roy was taken to the police station for breath test and his reading was 232mg per 100ml of blood, the State will seek to prove.
The particulars of negligence that the State will seek to prove are that Roy was travelling at an excessive speed, failed to keep a proper lookout and failed to stop or act reasonably when an accident or collision seemed imminent.
Meanwhile, Sgt Magwenya's body was yesterday morning taken to her rural home in Guruve in Mashonaland Central Province.
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