Donmore Simende (36) who slapped Mr Rodney Siwela (28) for vomiting in his kombi resulting in Siwela falling and hitting his head against the tarmac causing his death six days later, was fined $300 when he appeared before magistrate Mr Crispen Mberewere facing a charge of culpable homicide.
Simende who had pleaded not guilty was ordered to pay $300 or face 10 months in prison. In his ruling Mberewere said that the State had overwhelming evidence that Simende’s slap caused Siwela’s death and cited a similar case Makombe verses the State which was held at High Court. In the case the accused was sentenced to 36 months in prison of which 18 months was suspended on condition of good behaviour and for the remaining 18 months, he was ordered to perform community service. Mberewere said that Simende cannot be ordered to perform community service because he is a family man and he earns a living through driving a commuter omnibus.
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