News24

Jub Jub drag racing assumption queried

2012-07-18 20:34

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.

Comments
  • Masemolatumi - 2012-07-18 20:46

    Either way you dice it, 4 kids died cause the 2 of you were speeding down a busy residential road. Whether or not you were racing is neither here nor there... You should, by all accounts be held fully liable for that. And if it means long jail time, then so be it!

      JohnSA02 - 2012-07-18 20:59

      Agreed. 100%. They should stand up and accept responsibility for their actions. I sincerely hope that the courts take the fact that they have not into account, and punish them to the max allowed.

      bernpm - 2012-07-18 22:09

      Not just 4 died, 2 other were damaged for life!! Racing or walking, does no make a difference. Tampered with evidence...always seems to happen with the cases of the rich. Please, have it done and over with, justice owes it to the children victims and their parents.

      Lennon Chenga - 2012-07-18 22:18

      It would be unfair to give these two a lesser sentence than Humphries, the taxi driver that killed those school kids! It seems it's the same type of reckless negligent driving!

      lownabester - 2012-07-18 22:47

      They should never have been given bail, Rubbish thats what they are. Lock them up and please lets move on, I hope they are not just send to jail but made to pay the victims relatives. Idiots.

      Preshen - 2012-07-19 08:52

      Assume: ass of u and me

  • grace.andtruth.77 - 2012-07-18 21:28

    Oh for crying in a bucket... Racing, speeding, wreckless driving, drunk or drugged - 4 innocent kids were killed!!! Make one charge stick and lock them away for murder!!

  • des.cider - 2012-07-18 21:40

    Simple.. Find both "Not Guilty"! Announce the verdict and let them both out of the front door of the court. Justice will be seen to be done!

  • Genko - 2012-07-18 22:10

    Its mentioned in the article that the defence advocate said the \court\ cannot prove beyond a reasonable doubt.....Any 1st year law student will tell you that it is not for the court to prove guilt in a criminal trial, the onus rests on the state as a party to the proceedings. Either that is a really bad advocate or there was some ill informed journalism.

  • Lacrimose - 2012-07-18 22:12

    Man-up! You did a terrible thing. Be a grown-up citizen for once and take whatever's coming to you. I want to know if Jub-Jub et cie went through an initiation ceremony. Because, as I understand it, that ritual, that *sacred* process, requires that they live as honourable men. You can't invoke civil law on the one hand and ignore your bounden duty on the other. That is the road to schizophrenia. Oh wait.... I believe we are already there.

  • Gerald Jordaan - 2012-07-19 02:42

    TIA..never accept responsibility for your actions..always blame someone / something else!! These two assh*les were 'dicing' and in their drunken / gerookte stupor killed people!! Time to own up you pricks and accept responsibility!!

  • Cindy Jackman - 2012-07-19 07:33

    Face up to the consequences Jub Jub.

  • lulama.mbelwa - 2012-07-19 07:45

    Can you lock them up already, what more proof do you need, 4 innocent school kids died and two badly injured. Why drag this instead of letting justice take its place. Lock them up and throw away the kids because if you don't the people will serve them justice and we don't want that.

  • leaproach.thekeeper - 2012-07-19 08:11

    These guys are going to get off Scott free. Mark my words

  • hrh.majiuana - 2012-07-19 10:36

    "Jub-Jub papa vag vir jou"

      hrh.majiuana - 2012-07-19 10:37

      so stop wasting our tax money and papa's time!

      dmsonko - 2012-10-11 16:36

      While being so sensitive about what unfolded on the day in question please lets all be honest and accept that we all know that people play with cars ekasi and instead of calling them off we scream and cheer them on.Lets all learn from this unfortunate incident and stop pointing fingers at the accused cause it can happen again.

      dmsonko - 2012-10-11 16:37

      While being so sensitive about what unfolded on the day in question please lets all be honest and accept that we all know that people play with cars ekasi and instead of calling them off we scream and cheer them on.Lets all learn from this unfortunate incident and stop pointing fingers at the accused cause it can happen again.

  • rob.bayliss.94 - 2012-07-19 11:13

    Bloody laweyrs should be next in the dock for trying to pervert the course of the trial.

  • luke.spies.58 - 2012-07-19 14:07

    sad to say but they gonna walk...suspended sentence will be the worst thing coming their way...all good i say..let the mob sort them out

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