Jub Jub has potential - lawyer

2012-12-05 14:39

Johannesburg - Musician Molemo Jub Jub Maarohanye has potential and can make a difference in society, the Protea Magistrate's Court heard on Wednesday.

"Accused number one [Maarohanye] cannot spend the rest of his life in prison. He has huge potential and can make a difference in society," said his lawyer Rudi Krause.

"I urge your worship to approach the issue of sentencing with an open mind and not in reference to statistics."

Krause said the State had indicated it would argue in favour of life imprisonment for Maarohanye and his co-accused Themba Tshabalala.

They sat in the dock, with their heads down as they listened to the sentencing procedures.

Call for suspended sentence

Krause submitted that Maarohanye should get a suspended sentence because he was not a threat to society, that this was his first car accident and that rehabilitation would be difficult in prison.

"There are substantial and compelling circumstances to impose a lesser sentence," Krause said.

"To impose a life sentence is unfair and an injustice in this case."

Krause argued that Maarohanye was still young and that, because of his social status, he had an opportunity to make a difference in society and to become an ambassador to prevent accidents like this in the future and create public awareness.

He said the incident was not intentional.

Trial 'media-driven'

Earlier, Maarohanye told the court that his trial has been media-driven, and that the media had misled the public.

"This case has been driven by the media and the media has misled a lot of people," Maarohanye said while on the stand.

"A lot of what is said in the media is wrong - it's the truth, the media knows it themselves."

Maarohanye told the court the media reported he was drunk and driving under the influence of drugs even before he was tested.

He also said he was never given an opportunity to apologise to the boys' families.

Prosecutor Raymond Mathenjwa, asked Maarohanye why he had stated under oath during the trial that he never used drugs and only saw it on television, but told a social worker he used ecstasy.

"I had a lot of time to reflect on what happened when I was in correctional services... I took ecstasy once or twice a long time ago," Maarohanye said.

"I said I never took the drugs that were found in my urine."

Mathenjwa said Maarohanye blamed everyone for what happened and never took responsibility for his actions.

"You are in constant denial, and [are] not remorseful," Mathenjwa said.

Remorse

He went on to question Maarohanye on the difference between being regretful and remorseful.

Maarohanye responded: "It has been brought to my attention that I have not been remorseful."

Mathenjwa asked why he was apologising on Wednesday.

"I'm apologising because I'm human - I have feelings and feel bad about the tragedy," said Maarohanye.

There were a few comments from the packed public gallery when Maarohanye apologised, with a few family members shaking their heads.

The courtroom was packed, with many people standing. A few schoolchildren, dressed in uniform, were present in court as well.

Earlier, the emotional musician told the court that if he was given a suspended sentence he would establish a trust fund to benefit the families of the schoolboys.

Maarohanye, lead by his attorney Rudi Krause, read an affidavit that was drafted while in prison.

He told the court that the nation was hurt by the accident and that he never planned for the accident to happen.

"The incident changed my life forever and would continue to do so," Maarohanye read.

Tshabalala's defence indicated they would not call any witnesses.

Sentencing procedures continue, with the State calling witnesses.

On October 16, Magistrate Brian Nemavhidi found Maarohanye and Themba Tshabalala guilty on four counts of murder, two of attempted murder, using drugs, racing on a public road, and driving under the influence of drugs.

Maarohanye and Tshabalala were drag-racing in Protea North on March 8, 2010 when they crashed into a group of schoolboys, killing four and severely injuring two.

- SAPA