D-Day for Jub Jub

2012-10-10 07:02

The Protea Magistrate’s Court will deliver its verdict in the murder trial of Molemo “Jub-Jub” Maarohanye and Themba Tshabalala today.

Two days have been set aside for the judgment.

The case has taken two years to come to a conclusion.

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.

Eye-witnesses, experts, and Maarohanye and Tshabalala have testified.

While testifying, Tshabalala admitted hitting the group of schoolchildren.

His defence lawyer Mlungiseleli Soviti asked him: “Would you admit to killing the kids if people said you did?”
“Yes,” an emotional Tshabalala replied.

The court also viewed cellphone video footage of the alleged drag race, and inspected the crime scene.

This usually happens when a court seeks clarity on issues which might be in dispute in a trial.

During closing arguments, Sovithi 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 had co-operated and not been evasive throughout the trial.

He called for Tshabalala’s acquittal.

Ike Motloung, for Maarohanye, said the trial was prejudicial and not fair. He said it did not begin only in the courtroom, but at the time of arrest.

Delivering his closing arguments in July before Magistrate Brian Nemavhidi, Motloung said Maarohanye’s rights had been breached at the scene of the accident.

He said urine samples were also packaged in such a way that they could have been accessed by anyone, so their integrity could not be guaranteed.

The State argued that Maarohanye’s testimony could not be taken seriously and that he had exposed himself as an unreliable witness.

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