Waiting at level crossing ‘common sense’

2011-11-14 10:38

It is common sense for a driver to wait in line behind other vehicles at a level crossing, a Cape High Court judge said today.

“There’s no need for you see the lights,” Judge Robert Henney told defence lawyer Johann Engelbrecht, acting for a taxi driver accused of murdering 10 children.

“You are in a long queue of cars in front of you then you accept, you wait your turn. It’s common sense.”

Jacob Humphreys (55) is on trial for the deaths of the 10 children, who were killed in a collision with a train.

The court heard testimony last week that he overtook two rows of traffic at a Blackheath level crossing while the booms were down.

Humphreys has pleaded not guilty to the murders and has exercised his right to remain silent.

The crash on August 25 last year killed Liesl August (11); Cody Erasmus (15); Jody Phillips (13); Reece Smith (7); Nolan February (13); Michaelin de Koker (11); Jason Pedro (14); Nadine Marthinissen (16); Jeane-Pierre Willeman (13); and Jade Adams (10).

Autopsy reports showed that the children died of multiple injuries or head injuries sustained in the crash.

The State has charged will try to prove that Humphreys intended to kill the children, because he was by law supposed to stop and wait for the train to pass.

Court 18 was packed with the children’s relatives.

Humphreys, who sat silently in the dock, is out on R20 000 bail.

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