Driver not guilty of killing cyclist in road collision

The driver of a car that was involved in a collision with a cyclist in Windhoek nearly six years ago has been found not guilty on a charge of culpable homicide.

The trial of the driver, Paulus Kambata, reached a key point in the Windhoek Regional Court on Friday, when magistrate Victor Nyazo acquitted Kambata on a count of culpable homicide and found him guilty on an alternative charge of reckless driving instead.

At the start of his trial in September 2023, Kambata also admitted guilt on a charge of failing to report a road accident in which he had been involved.

Kambata was accused of negligently killing a cyclist, Ingrid Scholtz (38), on Windhoek’s Western Bypass road on 15 November 2019.
Scholtz, who was a town and regional planner working in Windhoek, was injured when the bicycle she was riding on was struck from behind by a car driven by Kambata.

Kambata left the scene of the collision, and contacted a police officer three days later to report that he had been the driver of the car involved in the accident, the court heard during his trial.

According to Kambata he was in a state of shock when he left the accident scene.

Kambata claimed during the trial that his car struck Scholtz’s bicycle after she had turned to the right and ridden into the lane in which he was driving.

The magistrate did not accept that version of events, though.

Nyazo noted that a cyclist who was riding with Scholtz did not see the collision, but saw her being flung into the air after her bicycle had been hit by the car.

A passenger in another car, however, saw the collision and told the court Scholtz’ bicycle was hit while it was in the yellow-lined lane on the left side of the Western Bypass, while travelling from the north in a southerly direction.

Cross-examination did not detract from the substance of that witness’ evidence, which was that a black Mercedes-Benz vehicle overtook the minibus in which the witness was travelling and then collided with a cyclist riding in the yellow lane on the left side of the road, Nyazo said.

Kambata was the driver of the Mercedes-Benz.

An ambulance transported Scholtz to a hospital after the collision.

Nyazo commented in his judgement that a police officer who investigated the case bungled the investigation by not obtaining statements from the ambulance paramedics to prove that Scholtz did not sustain further injuries during transportation to a hospital.

He was convinced that the collision occurred in the yellow-lined lane of the road, though, and that Kambata was not merely negligent, but was driving recklessly, Nyazo said.

Kambata was free on bail during his trial, but Nyazo cancelled his bail after the delivery of his verdict.

Kambata has to return to court for a presentence hearing on 24 September, and is due to be held in custody until then.

Defence lawyers Veiko Alexander and Sisa Namandje, assisted by Dawn Marondedze, represented Kambata during his trial.

Public prosecutor Ellen Shipena represented the state.

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