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Jub Jub verdict due in October

2012-07-19 10:09

Johannesburg - The Protea Magistrate's Court will deliver its verdict in the murder trial of Molemo "Jub Jub" Maarohanye and Themba Tshabalala in October.

The case was set down for judgment from October 10 until 12 after closing arguments which continued late into Wednesday night.

Maarohanye and Tshabalala 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.

They are charged with murder, reckless driving and driving under the influence of drugs and alcohol.

Closing arguments

In his closing arguments on Wednesday, Mlungiseleleni Sovithi, for Tshabalala, contended that the State had failed to prove that his client had an intention to kill.

It had also failed to prove that he was involved in a drag race with Maarohanye at the time of the crash.

Sovithi said the court should take into account that his client was co-operative and not evasive throughout the proceedings.

"[Tshabalala] admitted to driving under the influence of alcohol. He's also said that his vehicle may have possibly hit the children, but he did not see this. This proves he is a man of his word," said Sovithi.

He submitted that Tshabalala had shown that he had learnt from his mistakes by not testing positive for alcohol or drugs in several examinations by the SA National Council on Alcoholism and Drug Dependence (Sanca) since he was involved in the accident.

Sovithi criticised the testimony of several witnesses and urged the court to not take it into consideration.

He said some witnesses had given the court the speed at which they thought the two were travelling, and he suggested the court regard this as assumption and not fact.

He also dismissed the suggestion that Tshabalala and Maarohanye had been drag racing.

"The two cars were travelling at high speed, but that doesn't mean they were racing. Tshabalala had no reason to be racing with Maarohanye," said Sovithi.

Tampering

He also criticised the failure to ensure that samples taken from both men reached the testing laboratory in the original packaging.

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

The court was also told that the samples were placed in two different bags, but were in one bag when they reached the laboratory.

Sovithi said this suggested possible tampering with the samples.

He called for Tshabalala's acquittal.

"If the evidence presented before a court cannot beyond reasonable doubt show that an accused is guilty, that person should be acquitted," he said.

Sovithi also told the court Tshabalala had shown remorse and had wanted to apologise to the families involved, but had not done so out of fear of how it would affect the trial.

Ike Motloung, for Maarohany made his closing arguments on Tuesday.

Comments
  • Lunga - 2012-07-19 10:59

    Let these people go. They have suffered enough.

      john.loveland.9 - 2012-07-19 11:51

      My guess is you don't have children. How much have the families of those involved suffered. It will be a sad day when drunken drivers who kill other get off Scott free.

      scouter.fourone - 2012-07-19 12:00

      Lunga you merely echo the mindless mentality that is the cause of this trial....

      Andrew M - 2012-07-19 16:09

      Lunga, go tell that to the parents of the dead boys and see if they agree.

  • sisie.indola - 2012-07-19 11:00

    South Africa must hold the Guinness Book of Records title for the longest trials ever. More delay - just get over it and put them where they belong. Yes yes okay justice must prevail, but really this is pathetic.

      scouter.fourone - 2012-07-19 11:57

      Exactly what I was thinking sisie - just how long does it take to arrive at a simple judgement? This is hardly a complex case .....

  • robin.stobbs.9 - 2012-07-19 11:07

    Fit both morons with concrete ankle bracelets and see if they can breathe underwater - they have waster far too much oxygen already.

  • sebekamahlatse - 2012-07-19 12:02

    Death sentance would have done us justice! Poor famelies lost thier children for wht good couse? Drag racing, y? Its illigal, this guys were suppose to be role models!Hell the havent suffered, not even strted, think the suffering of those families who lost thier children think, just think!!!!!

  • thabojames.mohanoe - 2012-07-19 12:34

    let them rot in jail

  • mandla.ngubane - 2012-07-19 13:04

    By de look of things, de state wl harfly win dis case.\n\nDe police seems dey hv tempered wth evidence, poor investigation, state witnesses not consistent. Prosecution if failing 2 prove beyond reasonable dought dat de two is guilty as charged.\n\nJub Jub may be aquited on murder charge, but found guilty on reckless driving.\n\nTshabalala wl b charge nor for murder, but killing without intent, reckless driving, driving under influence of alcohol nd drugs.

  • mandla.ngubane - 2012-07-19 13:05

    By de look of things, de state wl harfly win dis case.\n\nDe police seems dey hv tempered wth evidence, poor investigation, state witnesses not consistent. Prosecution if failing 2 prove beyond reasonable dought dat de two is guilty as charged.\n\nJub Jub may be aquited on murder charge, but found guilty on reckless driving.\n\nTshabalala wl b charge nor for murder, but killing without intent, reckless driving, driving under influence of alcohol nd drugs. \n\nJust my analysis m not predicting de outcome

  • thabisosthebi.shabalala - 2012-07-19 15:45

    People should just accept that Jub Jub won't go 2 jail,I mean the state had all the evidence but it was still tempered with so let's just accept that he will be a free man come October. I pity the families

  • mukondi.nephalama - 2012-07-19 19:42

    it takes long for judge to give his verdict, even if they have got all the proof but they take time. in life everything happen for a reason. we only have one JUDGE (GOD)so let God be the one to judge these 2 guys. the bible says forgive yourself so that you can be forgiven.if chabalala n jub jub forgive themselves in kiling those poor children then GOD forgave them.who r we to hold anger and wished them life in prison.what happen was painful but it was God s will. south african lets forgive n forget because tomorrow its gonna be one of our family members in this position.

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