Magistrate: Jub Jub took drugs, sped

2012-10-16 11:59

Jub Jub (Werner Beukes, Sapa)

Devereaux Morkel and Jenny Bernstein, Sapa

Johannesburg - Musician Molemo Jub Jub Maarohanye and co-accused Themba Tshabalala drove next to each other at high speed, after consuming drugs and alcohol, fully aware that there were children on a public road, the Protea Magistrate's Court in Soweto found on Tuesday.

Magistrate Brian Nemavhidi said the drugs induced a "euphoric state" in Tshabalala and Maarohanye and lead both to doing risky behaviour.

"Those two [Maarohanye and Tshabalala], who had taken drugs... Caused the death of four schoolchildren and brain damage in two others," Nemavhidi said.

The Soweto courtroom was packed and Maarohanye and co-accused Themba Tshabalala showed no emotion as they listened to the summary of witnesses in their trial.

Maarohanye and Tshabalala were allegedly drag-racing in Protea North on March 8 2010 when they crashed into a group of schoolchildren.

Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola, were killed.

Nemavhidi also rejected Tshabalala's evidence, saying it contradicted the evidence given by the State witnesses.

"It is not true that you overtook accused one [Maarohanye] when it was safe to do so," he said.

Nemavhidi said two witnesses testifying for Maarohanye had collaborated their evidence to suit his version but they failed to convince the court.

Eyewitness corroborated evidence

Tshabalala, dressed in a suit, and Maarohanye, in a tan leather jacket and braided hair, did not look at each other once during Nemavhidi's summary.

Nemavhidi started handing down judgment by comparing and pointing out differences in the testimonies of the witnesses.

He said the eyewitnesses corroborated evidence about how the accident happened.

The drugs tests Maarohanye and Tshabalala had taken tested positive for morphine and cocaine.

"Insinuation of tampering with drug tests can't stand. The results did not change," he said.

"The urine samples were not tampered with and the cellphone video was not compromised."
The court accepted the evidence and testimonies of the witnesses.

Tshabalala sat upright, seemingly paying attention to every word, while Maarohanye sat with his arms folded and closed his eyes for long periods at a time.

He occasionally shuffled in his seat, sipped water and scratched his head while Tshabalala did not move.

More benches were carried in to make space for people trying to get inside court.

Judgment continues.

- SAPA