News24

Evidence in Jub Jub trial 'compromised'

2012-06-04 17:43

Johannesburg - Evidence in the murder trial of musician Molemo "Jub Jub" Maarohanye and co-accused Themba Tshabalala was questioned in the Protea Magistrate's Court on Monday.

"The evidence was seriously compromised," video expert Riana Smalberger said during questioning.

Ike Motloung, for Maarohanye, explained how a cellphone showing the two men allegedly racing was confiscated.

He said the owner of the phone was first allowed to delete items from the phone and the police later tried to open the phone.

Smalberger said police should have used proper methodology. Information on the phone could have been deleted.

When asked earlier what would happen if this was done before a computer was confiscated, she said: "No, it's unheard of. It's forensically incorrect. You're compromising evidence."

On Wednesday, Smalberger, called by Maarohanye's defence, came under fire.

She had told the court she found 13 video clips on a cellphone. Ten of them were deleted and two were still on the phone.

State prosecutor Raymond Mathenjwa wanted to know what had happened to the missing video and Smalberger replied that she had made a mistake, and that only 12 videos were found.

She told the court she started working on the video only on Tuesday, when her brief was to download it. That was why she had not made any analysis. Mathenjwa accused her of being in possession of private information not relevant to the trial.

He said she was supposed to analyse the two video clips and was not supposed to retrieve deleted information from the phone. He was not clear on why she had failed to make an analysis.

Smalberger said she had been on leave and had only done a preliminary report, which she was unable to testify about until a full report had been completed.

Maarohanye and Tshabalala face charges of murder, attempted murder, and driving under the influence of alcohol and drugs.

They were allegedly racing their Mini Coopers when they crashed into a group of school children in Mdlalose Street, in Protea North, on March 8, 2010.

Four boys died and two were seriously injured.

Comments
  • Nicholas - 2012-06-04 18:10

    Yawn ..

  • ndyeboreginaldmazawule - 2012-06-04 18:15

    Yawn, he should have been covicted long time ago this Jub Jub moron

  • Burtfred - 2012-06-04 18:16

    Just jail the smug little bastard already.

  • Johan - 2012-06-04 18:17

    WTF.... 4 boys died. Need any evidence?

  • shirley.steenkamp - 2012-06-04 18:25

    Another case of incompetancy and failure of justice!

  • Scouter - 2012-06-04 18:32

    The whole of SA's judicial system has already been compromised - this case is just another that now trails in the sad wake of its ugly demise.

  • Sonja - 2012-06-04 18:39

    pleeeease gimme a break!! this is a three ring circus!

  • Jim - 2012-06-04 18:46

    They both were driving cars that killed 4 kids and seriously injured 2 others, what further evidence is needed! They will both get Life in the long run...

  • vcassy - 2012-06-04 18:59

    yooo,money talks guys,,,DO NOT expect he'll be locked up,this case w'll b dispear like a snow..

  • Michael - 2012-06-04 19:35

    no justice for the common man...mmmwaaahhhh s.a ure a joke

  • grace.andtruth.77 - 2012-06-04 19:43

    Only in SA... If he was not a well known musician would this trial have taken SOOOO long?

      lownabester - 2012-06-04 19:58

      He is not so well known, he mother was the crook Mama jacky, she was on Carte Blanche, idiot both of them.

      grace.andtruth.77 - 2012-06-04 21:01

      @iownabester... Sorry my bad! By the media coverage I presumed he was well known! Anyway he's connected! No 'man in the street' could afford or get away with what he has. Its a clear cut case..... Simply

  • lownabester - 2012-06-04 19:57

    Just get this hooligan off the street, He is so arrogant, bloody idiot.

  • Singatha - 2012-06-04 20:02

    "Methodologically" I know school kids were murdered by the mere involvement of the accused on the accident scene, stoned/drunk or not(surely the accused were not in Sandton when this despicable accident happened).The law is an ass...now going 2 years and playing with the emotions of those who lost loved one's over a technicality of a deleted or not cellphone.BAH!!!!

  • Andrew - 2012-06-04 20:22

    Record in the comments tonight. Everyone agrees. They'll get time.

  • Shilly Maelane - 2012-06-04 20:35

    4 kids killed!!!... At this rate, the car is gonna be sentenced - And the culprit will release an 'apology' single??? Absolute madness in the world!!!

  • Mike Purchase - 2012-06-04 21:40

    So two minis fell from the sky and killed innocent children.What amazes me is these okes have no concience at all,sick damn druggies your day will come and i hope you suffer for a very long time damn thugs.

  • mbonyathi - 2012-06-05 10:03

    lets play hangman!!

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