Jub Jub appeal based on 2 factors
2013-02-07 12:30
Video
2012-12-06 08:30
Watch as relatives of the schoolchildren Molemo "Jub Jub" Maarohanye killed and injured in his car accident are upset over the musician's jail sentence.WATCH
Johannesburg - Musician Molemo Jub Jub Maarohanye applied
for leave to appeal his murder conviction and sentence in the Protea
Magistrate's Court on Thursday.
Rudi Krause, for Maarohanye, based the appeal on two
factors: the law, and the doctrine of common purpose.
"[Maarohanye] was driving on the left-hand side of the
road. He was not involved in a race. [Themba Tshabalala] lost control causing
[Maarohanye] to also lose control," he told the court.
Krause was arguing that according to the evidence before the
court, Tshabalala's car crashed into a group of schoolchildren.
Intent
He said the doctrine of common purpose did not deal with the
issue of intent.
"The doctrine of common purpose does not render accused
jointly liable for a criminal act," he said.
"Under the present circumstances, the evidence ought to
have been assessed on conduct of each of the accused... The reliance in the
doctrine of common purpose went further than it ought to have done."
Krause argued that the evidence before the court on how the accident happened
"casts serious doubt on the murder conviction".
"[The court] ought to grant accused one [Maarohanye]
leave to appeal for the [murder] conviction."
He said there was a possibility a different court could
arrive at a different conclusion, based on the evidence.
"I have no intention to make the life of accused two
[Tshabalala] difficult," he added.
Krause said the 25-year jail term was "shockingly
inappropriate" given the facts.
"A different court would find your worship imposed a
sentence that is not appropriate," he said.
Tshabalala only appealing jail term
While Maarohanye was appealing both his conviction and
sentence, Tshabalala was only appealing his 25-year jail term.
Tshabalala, in shackles, wore blue jeans, an orange shirt
and brown jacket. Maarohanye, also in shackles, was clad in black trousers, a
white shirt and had his hair neatly braided.
Both men sat in the dock looking at magistrate Brian
Nemavhidi. Maarohanye occasionally leaned forward and looked at the floor.
On 5 December the same court sentenced them to 20 years
imprisonment each for murder, and four years for attempted murder.
For use of drugs, driving under the influence of drugs, and
racing on a public road, they received a year for each count, to run
concurrently.
They were drag-racing in Protea North on 8 March 2010, when
they crashed into a group of schoolboys. Prince Mohube, Mlungisi Cwayi, Andile
Mthombeni, and Phomello Masemola were killed. Frank Mlambo and Fumani Mushwana
were left permanently brain damaged.
The court found the men guilty on 16 October.
The relatives of the victims and Maarohanye's friends were
present in court.
Mlungiseleli Soviti, for Tshabalala, was also arguing for
leave to appeal on the grounds of the evidence.
- SAPA
