Jub Jub judge says trial to continue

2012-05-21 19:47

Johannesburg - The murder trial of musician Molemo "Jub Jub" Maarohanye and co-accused Themba Tshabalala was adjourned in the Protea Magistrate's Court on Monday.

"The trial will be rolled overnight. We will resume tomorrow [Tuesday] and proceed to the scene of the crime," Magistrate Brian Nemavhidi said.

The court granted Maarohanye an application to call a video expert to testify.

"Everyone deserves a fair trial. Therefore the expert will testify on 30 May 2012," Nemavhidi said.

Ike Motloung, for Maarohanye, earlier told the court: "The evidence I intend to lead should confirm or dispute that the recording is genuine and had not been tampered with."

He added: "If it was tampered with - someone should get arrested."

The case against Maarohanye's co-accused, Themba Tshabalala, was closed earlier in the day.

Nemavhidi was asked by the State to also close the case against Maarohanye.

The magistrate did so provisionally last week, pending the testimony of an expert witness in his defence.

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

Motloung said he discovered meanwhile he would need a video expert despite the fact that the video was recorded on a cellphone.

Prosecutor Raymond Mathenjwa told the court on Monday that the video evidence was presented in May 2011, and the court granted Maarohanye's application to bring his own expert on 13 July 2011.

"The State is filing a notice that, given the time afforded to accused one [Maarohanye], he had a year and despite all the resources made available by the State, he was passive," said Mathenjwa.

"The family of the deceased need closure, they have been here since we started. This is a clumsy attempt by the State to block crucial evidence," Motloung replied.

Motloung argued the trial had been going on for a long time, with the State taking about 80% of the time.

"The case is hanging on a string. I want to finalise the matter," Nemavhidi said.

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

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

Four boys were killed and two others seriously injured.

On Monday, the State said Tshabalala's evidence could be thrown out, and accused him of not telling the truth about the accident.

Mathenjwa said Tshabalala's lawyer did not object to the testimony presented by other witnesses and said the State would not accept his testimony.

Last week, while giving evidence led by defence lawyer Mlungiseleli Soviti, Tshabalala said he would admit to hitting a group of schoolchildren.

Soviti asked him if evidence by Maarohanye and previous witnesses that he caused the accident was true.

"It's not true... I am certain that it's not true [that my car hit Maarohanye's car]," Tshabalala told the court.

Maarohanye and Tshabalala sat in the dock looking down and listening to the proceedings. Family members of the deceased were in court and sat quietly in the public gallery.

- SAPA