News24

Has Jub Jub evidence been tampered with?

2011-05-24 18:04

Johannesburg - In South African law, everything must be done to protect the integrity of evidence so that it cannot be suspected of being tampered with, the lawyer defending Molema Jub Jub Maarohanye and Themba Tshabalala told the Protea Magistrate's Court on Tuesday.

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

They were allegedly drag-racing when one of their cars ploughed into a group of school children in Protea North on March 8 last year.

Four children died in the accident and two others suffered severe injuries, including brain damage.

Defence lawyer Ike Motloung on Tuesday cross-examined Inspector Mpho Matshidiso, who last took the stand during the men's bail application.

Matshidiso transported their urine samples to the forensic laboratory in Johannesburg.

"In my view, you can't guarantee that [samples were not tampered with]", Motloung said.

Matshidiso testified that he had received two blood and two urine samples on March 9 last year and had kept them in a locker in his office until March 18, when they were taken for forensic analysis.

He said it took nine days for the samples to get to the laboratory, because he had been waiting for the written go-ahead of a senior court prosecutor.

He told Motloung he could guarantee that the samples had not been tampered with as the door to the office he shared with his superior was locked when they were not there.

He was also in possession of the only key to the locker.

Samples

"Do you know if Captain [Moses] Segapo tampered with the samples?" Motloung asked him.

"... Before you got the exhibits, Capt Segapo had managed to get his hands on them," he said.

Matshidiso said he could not say whether Segapo had.

Motloung asked him why he had not taken the samples back to the exhibit room if it was not going to the laboratory immediately.

Matshidiso said Segapo handed him the case docket on March 9, the day he received the samples.

Earlier in the day, Matshidiso denied instructing laboratory analysts to specifically look for morphine and cocaine.

This, after forensic analyst Jose van Rooyen told the court she had been given a note to look for certain substances in the urine samples.

Van Rooyen is a forensic analyst for the department of health at its forensic laboratory in Johannesburg.

She testified that a number of drugs were found in the urine samples.

The first sample was found to contain cocaine, codeine, benzoyl codeine, paracetamol, diphenhydramine and cotamine.

The second sample contained traces of cocaine, codeine, benzoyl codeine, nicotine, caffeine and paracetamol.

"These are all drugs," she said.

She said the samples did not show the levels of the substances.

Abuse

Van Rooyen told the court that every piece of equipment she used to conduct the analysis was certified and that a quality control test was conducted before the analysis started.

She also told the court that she was a forensic analysis expert, but was not a toxicologist and could not say how the drugs would affect a person's behaviour.

As Maarohanye left the courtroom for the lunch break family members of the children who died shouted: "In the end you killed".

One of the women, who did not want to be named, said: "He told us to fuck off".

Courtroom six at the Protea North court house filled up in the course of Tuesday's proceedings.

Relatives wore T-shirts for the "Parents in Action" organisation, which they started against drug and alcohol abuse.

The case continues on Wednesday.

Comments
  • GT - 2011-05-24 18:21

    Talk about clutching at straws. This lawyer should know that a lack of evidence does not constituent proof. I only wish JubJub would go to prison so that HE can be tampered with.

      Warren - 2011-05-24 18:41

      Even if he is found guilty, he won't go to prison. He will go to hospital coz he is Malema's buddy.

      i.f.chick - 2011-05-24 20:39

      FatherTime, u forget or probably are not aware that we find out about drug use of these "celebrities" only when they are in trouble or are tired of them. How can u blame innocent children of a grown-ass man's irresponsible actions? Really now. Jub Jub & his friend must serve time. I also don't get why this whole case has taken so long to be attended to. The Law can be a m8*&*^^r at times.

  • Yucca - 2011-05-24 18:21

    q("O.O)p=(o.O")=p

      Bahaha - 2011-05-24 19:09

      Is that your IQ

  • Father-Time - 2011-05-24 18:23

    Jub Jub was a hero and a supposed role model to the black youth. They used to cheer and scream while he illegally raced his vehicle week in and week out. No wall of a sudden he's a demon or an enemy. Yes he killed children but they were participating in an illegal activity and lending their support to it, so they were part and parcel of the problem. Yes, it was unfortunate to die but if you decide to put your fate in the hands of others, nevermind the fact that the were acting illegally, then you only have yourself to blame. Why did they not speak out against his drug and alcohol abuse as well as his illegal racign when the going was good? Instead they bought his CD's and attended his parties and race meetings.

      Janine - 2011-05-24 18:31

      Hang on a bit - I thought that the children that he killed were just innocently walking along the pavement? How is this "participating in an illegal activity"?

      BettyBlue - 2011-05-24 18:33

      Because they are children you idiot!!! HE was supposed to be the adult and should have known better!

      Father-Time - 2011-05-24 18:43

      Janine, They were not just walking along the road, they were supporting the illegal drag racing that was going on, in which jub jub was the star attraction. Bettyblue, They were teenagers, not little children. Please research the issue, like i have, and then come back and comment. Calling people idiots out of ones own ignorance smacks of irony and bigotry. If you disagree, thats fine, i dont mind, i dont care about being wrong, but at least act civilised, if you can.

      Father-Time - 2011-05-24 18:43

      Janine, They were not just walking along the road, they were supporting the illegal drag racing that was going on, in which jub jub was the star attraction. Bettyblue, They were teenagers, not little children. Please research the issue, like i have, and then come back and comment. Calling people idiots out of ones own ignorance smacks of irony and bigotry. If you disagree, thats fine, i dont mind, i dont care about being wrong, but at least act civilised, if you can.

      i.f.chick - 2011-05-24 20:41

      FatherTime, u forget or probably are not aware that we find out about drug use of these "celebrities" only when they are in trouble or are tired of them. How can u blame innocent children of a grown-ass man's irresponsible actions? Really now. Jub Jub & his friend must serve time. I also don't get why this whole case has taken so long to be attended to. The Law can be a m8*&*^^r at times.

      Mucaine - 2011-05-25 11:15

      Father-Time,teenagers are confused people, their bodies are maturing but the brains are lagging behind. They want to be treated as grown-ups but still act like children. Just because he was their idol and they bought his music, cheered his every little crazy act, they did not expect to be killed because of it. Jub-Jub is a vain prick. That “Agent Malema” paid him a visit in jail and probably guaranteed him his freedom. The bottom line is, he killed 4 people and 2 injured people have brain damage. That ends their lives as they knew it as well. Let’s hope the Judge is not friendly with that Agent and that justice will be done.

      Judge-D - 2011-05-25 11:18

      These children (teenagers or not) were walking home from school in a group, not standing on a pavement watching a drag race. When someone drives a nice car and the get high jacked and shot is it their fault for driving that car in the first place - Get real

  • Bahaha - 2011-05-24 18:43

    Yucca what the f@ck is your opinion ???. I hope JUB JUB come off free and jungle justice get them.

      CPII - 2011-05-24 18:56

      JA! Let him go free and see he he he....

      CPII - 2011-05-24 18:58

      One thing I like about blacks south africans. You f*ck with them at your peril e.g. Winnie and tyres and petrol and matches...

  • Monica - 2011-05-24 18:45

    My goodness! He killed children! What is there to debate about? Did you not recently had an ad on TV for druken driving; men sitting in jail saying "we are waiting for you"! You should make an example of him; maybe another friend of Malema!

  • Boerseun - 2011-05-24 18:51

    It cannot even be said that the State has ever shown any disposition to suppress crime, but only to safeguard its own monopoly of crime. – Albert Jay Nock

      Bahaha - 2011-05-24 19:02

      I wish they take Farther as well

  • Father-Time - 2011-05-24 18:59

    Lets not get ahead of ourselves, no one is condoning or down playing the murder that jub jub has committed. What is being said is that these teenagers were also protesting at the court, why did they not protest when he was racing, drinking and taking drugs, instead of putting him on a pedestal. Some of the blame also lies with the parents of the children, a responsible parent always knows where their kids are and what they are doing and who they are with. If you dont you not trying hard enough, and if you do and you dont stop then from going there or socializing with riff raff then you dont deserve kids.

      i.f.chick - 2011-05-24 20:49

      FatherTime are u serious? those kids were coming from school, probably take that route each & every day. How do u suggest parents know exactly know where they are all the time? Drive them to & from school? do u think all of them can afford that? I'm sorry to say but ur talkin none-sense.

      Hope - 2011-05-24 22:13

      Father Time They were walking back from school, it happened on a very busy road in broad daylight! Did you not see the photos?? There is no way you can blame the parents. Who are you to say that they don't deserve their kids! My God, learn some compassion.... May you never ever have to face that loss one day! Who the hell are you?

      NAPALMSA - 2011-05-25 15:42

      WAT AN IGNORRANT F@#$ U R, IT JUST SHOWS DAT U DONT HAVE KIDS

  • Bahaha - 2011-05-24 19:17

    Father---- I wish it was your kids

  • kingkong - 2011-05-24 19:58

    ya neh the evidence who cannot speak for themselves but what is the issue here they still cause the death of children doenst anybody care about that.The charges is also wrong in order to prove murder you must show that it was their intension to go out and kill a specific person and they have to at least know the person. The best the state can prove is that they were negligent in causing the death of the children sad but thats just the way it is.

  • awonke.fongoqa - 2011-05-25 09:03

    Jub Jub is a free man

  • Ruff-ian - 2011-05-25 09:50

    @ father time...No wall of a sudden he's a demon or an enemy. I wonder what your response would be if that was your kids killed.

  • Merryl - 2011-05-25 12:30

    DOESN'T MATTER EVEN IF THERE WERE NO DRUGS OR ALCHOL FOUND IN THE BLOOD AND URINE THE FACT IS THEY WERE RACING AND KILLED 4 PEOPLE AND INJURED TWO AND THEY MUST BE PUNISHED FOR THE DEED. ALCOHOL ADDS TO THE FACT HE COULDN'T CONTROL THE CAR BUT EITHER WAY IT WAS THEIR VEHICLES THAT THEY WERE DRIVING THAT KILLED THE CHILDREN.

  • Selwyn Mileham - 2011-05-25 16:37

    This not only a case of driving under the influence of drugs. It is a case of murder or attempted murder due to wilful negligence. Get on with the trial.

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