Missing CDs delay taxi death trial

2014-11-27 00:00

ANOTHER potential delay looms in the trial of a taxi driver charged with culpable homicide arising from the death of Lynette du Bois in the city seven years ago.

This is while the prosecution tries to locate missing CDs on which the accused’s pleas were recorded in the case.

Taxi driver Sibongiseni Khuzwayo has denied jumping a red light and causing the accident, killing Du Bois. His lawyer, Siyabonga L. Kunene, yesterday said that the defence is considering bringing an application for Khuzwayo’s discharge at the end of the state’s case.

However, magistrate Helgaard Fobian said in order to arrive at a finding, it was crucial for the court to be aware of what charges were formally put to Khuzwayo. His own records, which he’d reconstructed once before when the record of proceedings in the case was “stolen”, show Khuzwayo pleaded not guilty to one main charge and two alternative charges.

Prosecutor N. Bhengu said the alternatives were in all likelihood reckless and negligent driving, or inconsiderate driving.

However, at this stage no one knows where the CDs on which the evidence is stored are.

The case was adjourned until tomorrow to try and find them.

A nursing sister, Natasha Bunting of Mediclinic, who attended to Du Bois in the hospital’s emergency ward, earlier testified that because it was so long ago, she has no independent recollection of her admission. She based her evidence and observations of Du Bois on her statement at the time. According to her, Du Bois was bleeding severely, was non-responsive and had head and chest injuries, as well as a broken leg.

Medical records relating to Du Bois were among documents destroyed in a fire.

Bunting denied under cross examination by the defence that Du Bois may have suffered injuries while under her care, saying she takes the care of her patients very seriously.

Du Bois’s husband, Grant, has told The Witness he is extremely disillusioned with the justice system after the case dragged on without reaching finality.

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