Jub Jub drag racing assumption queried

2012-07-18 20:34

Molemo "Jub Jub" Maarohanye (File, Sapa)

Johannesburg - Assumptions that musician Molemo "Jub Jub" Maarohanye and Themba Tshabalala were drag-racing before a fatal accident were questioned on Wednesday.

"The two cars were [reportedly] travelling at high speed, but that doesn't mean they were racing," Mlungiseleleni Sovithi, for Tshabalala, told the Protea Magistrate's Court in Soweto.

"Tshabalala had no reason to be racing with Maarohanye."

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

The two were allegedly drag racing in Protea North in March 2010 when they crashed into a group of schoolchildren. Four boys were killed and two were seriously injured.

Sovithi questioned the testimony of several witnesses in the trial.

He said some gave the court the speed at which the two accused were travelling. The court should regard this as assumption and not fact.

Reasonable doubt

Another criticism by Sovithi was that evidence allegedly did not reach the testing laboratory in its initial packaging.

"The court was told the accompanying paperwork had been messed on and the official who had to handle this resorted to using tweezers to take out the paperwork."

Sovithi said it emerged that initially the samples from the two accused were placed in two different bags after being packaged, but that they reached the lab in one bag.

This suggested that there was possible tampering with the samples.

Earlier in the day, Sovithi argued that the court had failed to prove that his client was guilty beyond reasonable doubt.

"I call for the acquittal on charges of my client Themba Tshabalala. If the evidence presented before a court cannot beyond reasonable doubt show that an accused is guilty, that person should be acquitted."

Sovithi said his client had shown remorse for the incident and had wanted to apologise to the families involved. Tshabalala had not done so as he feared the act would affect the trial.

Ike Motloung, for Maarohanye, gave his closing arguments on Tuesday.

The trial continues.

- SAPA