Convict Zulu, court hears

2010-03-06 07:00

Durban - Prince Sifiso Zulu should be convicted of the hit-and-run accident which claimed two lives and injured 10 people, the Durban Regional Court heard on Friday.

"The state has proved its case beyond a reasonable doubt on all the counts. The state requests the court to convict the accused as charged," state prosecutor Mark Dyson said.

Zulu's trial was concluded on Friday when the state and Zulu's legal team presented closing arguments.

Magistrate Thomas Nhleko was expected to hand down judgment on April 22.

Zulu, a Durban businessman and friend of national police Commissioner Bheki Cele, faces two charges of culpable homicide after a hit-and-run accident in March 2008. Zulu's BMW X5 crashed into a Mitsubishi double-cab bakkie. Two members of the Soul's Harbour Ministries Church were killed and 10 others injured.

Trail of deceit

Cele, who was then KwaZulu-Natal community safety and liaison MEC, arrived at the scene shortly after the accident. The State alleges Zulu was the driver of the car, which jumped a red traffic light. Zulu denies this.

Dyson told the court that Zulu left a trail of deceit from the first contact with police, until the trial.

"He [Zulu] told Captain [Kacey] Naicker that the car was driven by his friend from Pietermaritzburg, but gave no name. He told Inspector Subramoney Pillay that his car was driven by Dumisani Ngcobo, but could provide no details of this person," Dyson said.

Evidence submitted to the court indicated Zulu told Inspector Sibusiso Ndlovu that his car was driven by one Bongumusa Gumede, Dyson said.

Zulu led the police on a wild goose chase while attempting to locate Ngcobo.

On the night of the accident Zulu told the police he was asleep when Cele called, but later changed his story and said he was listening to music. Dyson said defence witness Mduduzi Xulu contradicted himself several times.

"A case in point was his assertion that he phoned the accused to make arrangements, which was then contradicted in cross-examination to read that the accused phoned him. He conveniently forgot what his cell number was so that this aspect could not be further examined."

Unverified feelings

Zulu's lawyer Thabani Masuku said none of the state witnesses could positively identify the accused as the driver.

"Captain [Shane] Spilsbury was an unhelpful witness who tried hard to be useful to the state by relying on gut feel and unverified feelings."

Masuku said Gumede handed himself to police as the driver 11 days after the accident.

- SAPA