Jub Jub co-accused to testify

2012-05-07 20:44

kalahari.com

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Johannesburg - Musician Molemo "Jub Jub" Maarohanye's co-accused Themba Tshabalala will testify in his own defence when their murder trial resumes in the Protea Magistrate's Court next week.

Magistrate Brian Nemavhidi provisionally closed the case against Maarohanye on Monday while the testimony of an expert witness in his defence is being awaited.

Maarhohanye's defence will call an IT expert to challenge the authenticity of cellphone video footage presented by the State earlier in the trial.

Prosecutor Raymond Mathenjwa told the court he would need time to study the witness's evidence, and would be out of the province on official business from Monday evening.

"The matter is postponed to May 14 for accused number two's [Tshabalala] case," Nemavhidi said.

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

Eyewitness


The two were allegedly racing their Mini Coopers when they crashed into a group of schoolchildren along Mdlalose Street, in Protea North, on 8 March 2010.

Four children were killed and two others seriously injured.

On Monday, Mathenjwa cross-examined eyewitness Mphumelelo Vezi.

Vezi was a passenger in Tshabalala's car when he allegedly collided with Maarohanye's car in 2010.

Vezi told the court the left rear of Tshabalala's blue Mini Cooper had hit the right rear of Maarohanye's grey Mini Cooper.

Loud bang

"I did not see it, but I felt it and I heard it... The bang was loud but not very loud. I was sitting on the left rear of the blue car, where the bang was," he said.

Questioned about his initial statement, Vezi said when he used the term "swerve" to describe what Tshabalala did it was incorrect because Tshabalala moved back into his lane.

"So you are now conceding the second mistake in your evidence," Mathenjwa said.

Vezi replied: "There is always room for error."

Photographic evidence in court showed the petrol cap, paint, window and the tyre were intact on the left rear of Tshabalala's blue Mini Cooper.

Mathenjwa asked: "Do you see any corresponding damage to the loud bang you heard?"

"No," replied Vezi.

Chased away

Mathenjwa then asked him to match the damage to the cars on photographs.

"I don't know how you want me to answer that. I heard a loud bang... I heard a bang on the side of the car," said Vezi.

Mathenjwa asked: "What you heard, is it supported by the evidence?"

"No, sir," Vezi replied.

He told the court when he went to make his statement, he was chased away by a police officer. He told Maarohanye's mother about this.

Drugs

"I met her and felt that she needed to know what was going on because her son was involved... I feel that everyone deserves to know the truth," he said.

Mathenjwa asked Vezi if he ever tried to contact the family members of the school pupils to give them an update. Vezi replied by saying no, because he did not know them personally.

Vezi told the court Tshabalala and Maarohanye knew each other through him.

When asked by Mathenjwa if drugs were used or taken in the music industry, Vezi responded, "Drugs are used in every industry. Even in the law fraternity."

In March, Vezi told the court that Tshabalala was responsible for the 2010 crash that claimed four lives.

Vezi told the court that Tshabalala had tried to overtake Maarohanye while a minibus taxi was approaching about 40m in front of them.

Maarohanye and Tshabalala were both in court on Monday.

- SAPA

Read more on:    jub jub  |  themba tshabalala  |  soweto  |  johannesburg  |  jub jub case
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