Jub Jub trial 'not fair'
2012-07-16 22:32
Musician Molemo "Jub Jub" Maarohanye's murder trial has been prejudicial and never fair, the Protea Magistrate's Court has heard. (File, Sapa)
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2012-06-05 09:50
Video expert testifying in the Jub Jub case found that the video evidence presented to the court was seriously compromised but not tampered with. Watch to find out more. WATCH
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Johannesburg - Musician Molemo "Jub Jub" Maarohanye's murder trial was prejudicial and never fair, the Protea Magistrate's Court heard on Monday.
"The accused did not get a fair trial. Fairness of trial does not only begin in the courtroom, but at the time of the arrest," said Ike Motloung, for Maarohanye.
Maarohanye and his co-accused Themba Tshabalala allegedly crashed into a group of school children while racing in their Mini Coopers along Mdlalose Street, Protea North in March 2010.
They face charges of murder, attempted murder and driving under the influence of alcohol and drugs.
Delivering his closing arguments before magistrate Brian Nemavhidi, Motloung said Maarohanye's rights had been breached at the scene of the accident.
"The late detective Moses Segapo arrived on the scene and appointed himself as case supervisor and Inspector Mpho Matshediso as investigating officer. The scene was set from there on."
Motloung said everyone had known the details of the accident an hour after it took place.
"There were TV, radio and newspaper headlines all over. Reports mentioning both the accused and how they were drag-racing and under the influence of drugs and alcohol went out to media houses."
He said he tried to find out the source of the reports in court during the trial, and that the court accepted that the source was unknown.
"This kind of publication and reports were unfair. The part played by media was very prejudicial to the accused persons."
Motloung also criticised the State's witnesses and said evidence by forensic analyst Jose van Rooyen could not be relied on.
Van Rooyen testified that drugs had been found in Maarohanye's urine sample.
The charge of being under the influence of drugs fell away a long time ago, said Motloung.
"Van Rooyen said that both the qualitative and the quantitative tests have to be done. Only the quantitative test was done; one test cannot determine presence of traces of drugs in a sample."
He said the urine samples were packaged in such a way that they could have been accessed by anyone.
"The integrity of the samples could not be guaranteed."
- SAPA
