Road rage driver heads to jail

2003-06-26 20:34

Umtata - The Umtata regional court sentenced a motorist on Thursday to a year imprisonment for assaulting a fellow motorist in a 2001 road rage attack in the Eastern Cape city.

Magistrate N Xintolo sentenced Adrian Botha, 28, to 12 months' jail for assault with intent to do grievous bodily harm. Half of the sentence was conditionally suspended for five years.

Botha was also sentenced to a further year's imprisonment on a charge of malicious damage to property. Half of the second sentence was also conditionally suspended. Botha was acquitted on a charge of reckless driving.

However, the magistrate ruled that the sentences run consecutively, meaning the 28-year-old will serve and effective 12 months in jail.

Troy Adams, a 25-year-old accomplice, was fined R300 or 90 days imprisonment on a charge of common assault. The sentence was conditionally suspended.

Teeth broken

Their sentencing on Thursday related to an attack on senior Scorpions investigator Mlondolozi Nongogo.

The two cash loan store employees assaulted Nongogo, and damaged his vehicle when they rammed it during a high-speed chase through Umtata.

Nongogo earlier told the court that Botha and Adams had blocked his way and demanded to know why he did not stop at an intersection in town.

He said Botha came to his car and punched him in the face, breaking two teeth. When the Scorpions investigator reached for his service pistol the two men sped off.

However, the court heard the two continued chasing Nongogo and rammed his six-month-old car, causing R12 000 damage. Nongogo was booked off sick for four weeks after the attack.

Driver flashed lights

Botha said he had drunk three beers shortly before the incident and admitted the assault, but claimed he had not intended to cause serious harm to Nongogo. He also told the court he assaulted Nongogo because the Scorpions investigator had followed him too closely and had flashed his lights.

In his testimony, Adams said he remained seated in the car while Botha attacked Nongogo. However, the court also heard that Adams attempted to drag Nongogo out of his vehicle. When Nongogo reached for his firearm both men returned to their vehicle.

Sentencing the two, the magistrate said Botha had behaved like a schoolboy.

He also had harsh words for former Umtata police station commissioner, Director Eddie Roux, who attempted to mediate between the two sides rather than enforce the law.

Arguing for a lighter sentence, defence lawyer Neels Botma said Botha had shown remorse when he repeatedly phoned Nongogo at his hospital bed to apologise and repair his car.

State advocate Johan Roothman said incidents of road rage were on the increase and motorists needed to learn that they could not take the law into their own hands.

- SAPA