News24

Day two of Jub Jub judgment underway

2012-10-11 11:54

Johannesburg - The Protea Magistrate's Court began day two of delivering its verdict in the murder trial of musician Molemo "Jub Jub" Maarohanye and Themba Tshabalala on Thursday.

The courtroom started filling up shortly after proceedings began.

Maarohanye and Tshabalala sat in the dock looking at magistrate Brian Nemavhidi as he recalled evidence given in the trial that started in 2010.

The two were allegedly drag-racing in Mdlalose Street, Protea North, on March 8, 2010 when they crashed into a group of schoolchildren. Four boys were killed and two seriously injured.

They are charged with murder, reckless driving, driving under the influence of drugs and alcohol, and failing to asses the injuries of the victims. Both accused pleaded not guilty to all the charges.

Nemavhidi read that the accident reconstruction expert concluded that the cars were driving at 109km/h and 112km/h on the 60km/h stretch of road.

"He concluded that the severity of the accident could have been avoided if the driver of the blue Mini Cooper [Tshabalala's] had not exceeded 60km/h," Nemavhidi read.

"He concluded that the two vehicles were racing... It is impossible that the blue Mini Cooper bumped the grey Mini Cooper [Maarohanye's]."

This contradicted evidence given by Maarohanye during the trial. He told the court that he heard a loud bang as Tshabalala's car hit the rear of his car, causing him to hit the curb and then a tree.

Nemavhidi started handing down judgment on Wednesday, summarising the testimony of 20 witnesses.

Friends and family of the schoolchildren, and of Tshabalala and Maarohanye, were present.

Comments
  • faizieishlah.shabalala - 2012-10-11 12:06

    Hope he is sitting down. After a month in jail this pretty boy wont be able to

      lownabester - 2012-10-11 12:20

      hehehehe Funny one, Hope its true and no appeals allowed.

  • bongani.mthembu.7 - 2012-10-11 12:08

    Honestly, I think he is going to jail. Life is challenging, and you can never be too careful. I pray everyday for this not to happen to me. I dont normally drive when i have been drinking, because even if its not you who is wrong, but just because you have been drinking, by default you are wrong and you get arrested. I really feel sorry for both of them, no one deserves this, we all make mistakes, and learn from them, I just hope they are strong enough to accept their fate. This can happen to any of us, festive is around the corner, some of you are going to drive under the influence of alcohol as per norm, pray that you dont cause accidents, or else you will be where Jub Jub is, and people will be mean to you, as you are mean to Jubjub. Dont judge or condemn, cause it will all come to you.

      abra.kadaver.1 - 2012-10-11 12:18

      Bongani, I agree with you to a degree about making mistakes , but getting high as a kite on coke and herion, and drinking and then drag racing in a crowded street was a choice that they made, regardless of the circumstances you need to be accountable for your actions. It's not like a tyre burst and the car lost control into the children, that would be an accident and a mistake that could happen to any driver but if you drink and choose to drive then you must be willing to deal with the consequences.

      camp.j - 2012-10-11 12:21

      Bro' would you be saying this if it were your kids that were mowed over by these guys? I look forward to a response!

      nhlanhla.mhlanga.33 - 2012-10-11 12:26

      Bongani before you sympathize with these two in Suits as we speak, have you spared a thought of the young lives taken, the families, the survivors, their future and their families, all am saying is that these two caused toooo much damage to be even considered for any bit of sympathy. fact show that they are guilty, is klaar is daar! yes its true that I can be arrested for drinking and driving this weekend but one thing is 4sho I don't drive stupid when under the influence.

      Jo.Davies123 - 2012-10-11 12:44

      I just have one question for you @Bongani. Can you honestly say that if these children were yours, you could still write those words? I do agree with your sentement that we all make mistakes. I believe in forgieness too, but in order to forgive, there has to be admission from the person. He has been called out on his lies with evidence which cannot be disputed. And if I run over 6 children with my car while I am drag-racing while high on drugs, I would expect to be judged. Otherwise there is something wrong with us as humans.

      robyne.peel.9 - 2012-10-11 12:48

      I do agree it is unfortunate and could happen to anyone, when they decide to have a "wild night", but what makes a man is how he deals with the consequences and how he takes responsibility for his actions, his lack of remorse and his pleading not guilty, truely shows the man that he is, and he will hopefully be judged accordingly.

      irma.white.9 - 2012-10-11 13:03

      What? The don't deserve this? Between the two of them they killed FOUR boys! That's FOUR families that have been shattered, FOUR families that will not be able to watch their child grow up, FOUR families that will never experience their son getting married, having children, etc. If anyone doesn't deserve this, it is the families of these idiots neglegence and drug use! A mistake is when you do something wrong and you admit it, these men are NOT admitting to their "mistake" because they know they had total disregard for the law when they did it. Thus they deserve it. If they were real MEN they would have admitted it to begin with.

      siphom.mnguni - 2012-10-11 14:56

      @bongani.mthembu:)mvelase o'mkhulu, about making mistakes, yes, I agree that as humans we have our moments of weaknesses. And yes we have our flaws and limitations. But that's how far I agree with you, the rest, I totally disagree. They employed the creme dela creme of attorneys, first. Then they denied everyth in court. Their attorneys twisted and turned trying to discredit witnesses. It's not that ignore the dead kids, but I'm more concerned about the boy who suffered severe brain damage that at 18 years of age the experts suggested that he possess the mind of a 2 year-old. No remorse shown. The boy's mother quit her gainful employment to bath and feed him. Do I dare say more?

      bongani.mthembu.7 - 2012-10-11 15:37

      Siphom, hence i am saying life is challenging? Was it gona be any less painful if he was born retarded? I really feel for the boy and its not fair to him and his parents. But we all know that life trows anything we just have to rise to the challenge, kunzima boss.

      siphom.mnguni - 2012-10-11 18:48

      @bongani, excuse my ignorance on this one, I would say if the boy was born retarded there would be a world of difference. But, please, allow me to elaborate why. If a child is born a retarded you don't have any hopes or dreams about it. While, if they are born 'normal' your has this imagination of him studying and becoming this and that. Getting married and you hold your grandchildren before your meeting with your maker. I have dreamt enough.

      bongani.mthembu.7 - 2012-10-12 09:10

      Sipho, we all have dreams, but do all our dreams come true? I dreamed that my mother will be around to see me get married one day, i dreamed that my son will know his grand mother, but those dreams were shuttered when my mother passed away suddenly. Life throws anything at us boss that is a fact, you can never be too careful or too sure, it is unpredictable. Hence the say, impilo inamahla ndinyuka, this also applies to Jubjub, hence I am saying I wish them strength to accept their fate.

      siphom.mnguni - 2012-10-12 14:14

      Bongani, I must confess I enjoy chatting with you. You engage me and you put me on the edge of my seat. About your loss I'm sorry, may her soul rest in peace. I know what it means. I lost everyone and my mother was the last to depart. At one stage I hated life and everything it means. Then I told somebody about it. He told me that there is a reason for me to be the last one standing. Probing further I realised that indeed I had an unfinished business. That's when I registered for my law degree a dream I had as a child but which was always eluding me. Guess what I am not far from graduating as we speak now.

  • Nastassja Tasha Lekay - 2012-10-11 12:29

    honestly, i think they both guilty no matter whos fault it was. they shouldn't have raced in the first place. and kids died because of them. they should be sentence life in prison!!!!

  • xgwanya - 2012-10-11 12:33

    Inevitable must happen unfortunately.Mighty hand of the LAW. Wish these culpable homicide cases can be a model for fraud and corruption especially when it comes to the heavies

  • mknnko003 - 2012-10-11 12:33

    It's over........

  • sthembiso.jali.50 - 2012-10-11 12:36

    Jub jub will learn late that only popurlar politicians are above the law in s.a not musos.

  • mashudu.ndou.3 - 2012-10-11 12:37

    My verdict,Guilty!

  • bongani.mthembu.7 - 2012-10-11 13:02

    Nhlanhla and abra! we all know that we ara all going to die one day, but we dont know how and when. I lost my mother recently because of Bara's nigligence, however, nothing will ever bring her back even if I can sue them and expose them. It was her time and the way she was suppose to die, it was God's will, she was still very young and strong, she was under 55 years. When we are drunk we are not ourselves, we end up doing things and when we wake up in the morning and see who is next us, we regret and feel eshamed, and stress if whether or not we used protection, this is just one of the examples, there's a lot we do when we are drunk, some fight for no apparent reason and die in the process, we feel that we are strong and no one can defeat us. This is not the first incident to happen, remember the cape town driver who killed school kids cos he didnt stop at the railway stop? Again innocent kids died, the only thing we can do for ourselves, is to be strong in faith and acknowledge that everything that happens, happens for the reason, we might not know it, but God the creator knows. Hence I wish peace and strength for everyone involved, families, friends, the accused as well, to rise above this and move forward. Sithi isiZulu, "Akulahwa mbeleko ngakufelwa" meaning you dont stop making kids just because you lost one.

      chez.kri - 2012-10-11 14:29

      @Bongani.It is your fault if you choose to drive drunk. It is not a "mistake" or an "accident". you are a grown man capable (i hope) of making a proper and responsible decision. If not, then please don't leave your house - ever!

  • bongani.mthembu.7 - 2012-10-11 13:05

    And Nhlanhla, driving under the influence is stupid, we know that its against the law yet you do it, that is very stupid boss, but because you are drunk you think you are in control. Its not like that boss. Consider yourself luck, you have not killed anyone while driving under the influence.

  • irma.white.9 - 2012-10-11 13:09

    You cannot kill four boys and injure others if you are driving like a sensible person and obeying the rules of the road. These idiots killed four boys because they thought it would be "cool" to disregard the law, they thought their celebrity status would get them off and frankly, they are spineless for not admitting they did wrong. How did those boys die then? Where they playing in the middle of the highway? No. The fact that they are dead should be enough evidence that these two deserve life in prison.

      bongani.mthembu.7 - 2012-10-11 13:21

      That is the thing? drunk people dont think straigh, we all no that, let us not project ourselves better than them. Roux killed a metro police while he was drunk, and apologised and was only fined. are you telling me that if he was sober he was gona beat the guy to death?

      irma.white.9 - 2012-10-12 12:04

      Bongani, I personally think that Roux would have beat that cop to death even if he wasn't drunk. And the fact that he was only fined is shocking- I hoped he went to jail because only in REAL self defense cases should taking the life of someone be acceptable. People that are capable of doing these things while drunk are capable of doing them while sober (otherwise every drunk person would become a murderer). Besides, being drunk doesn't stop the fact that they did it. They were drunk AND on drugs- drugs is illegal to begin with, driving under the influence is also illegal. They chose to make those mistakes. To go drag racing on top of it was pure disregard. You can't always say it was a mistake and hope to get away with it. Especially if they can't even admit to the fact that they did it, even with all the evidence.

      bongani.mthembu.7 - 2012-10-12 14:09

      Happyness, ever heard someone who drank the previous day say i dont remember what happened, How I got home, whether or not we had sex, etc? Let me tell you, it is true because they were under the influence, a spat of alcohol, they were not themselves. If you are not your self, you do things that you dont do when you are yourself. It is wrong to drive under the influence, not just alcohol even drugs. The reason the law is against driving under the influence it because, throug scientific research, they established that when you are drunk you are not in control, some cry for no apparent reason when they are drunk and when you ask them the next day, they are ashamed. When people are drunk are capable of anything, some even say I will sort that one, let me get 3 beers so that i can sort him, he believes that alcohol will give the strength, power and courage to do things he cannot do when sober. I am not defending what they did, I merely saying they didnt plan for it to happen, they were just playing with their toys, at the wrong place at the wrong time, and the unthinkable happened. Such things happen to the best of us. I always wear my seat belt, even when going to the garage, i pay my traffic fines all the time, i avoid driving when i am drunk, not because i cannot drive but because there is a lot of people like jub jub who drive recklessly, who are not themselves and they might get me into trouble and end up going to jail even when i was driving slow on the left lane.

  • bongani.mthembu.7 - 2012-10-11 13:17

    What must one do to show remorse? I was going to plead not guilty to murder as well, because i didnt plan for it to happen. Culpable homicide, yes i was going to plead guilty because its something that happend without knowing or unexpected.

      chez.kri - 2012-10-11 14:32

      You palnned to get in your car and drive drunk. are you that stupid that you cannot realise that you are drunk? Can you not tell the difference between drunka nd sober? if we are sympathetic to YOU, what must we be towards the victim? DON'T DRIVE DRUNK YOU MORON. If you kill someoen while driving drunk, I hope the pain lives with you FOREVER

      bongani.mthembu.7 - 2012-10-11 15:23

      Chez, drunk people never are never drunk, they will beat you if you call them drunk dont you understand? When you are drunk you are not yourself, that is why it is best to drink from home then sleep or get someone to drive you, the unfortunate party, they dont even want to be driven.

  • tolo.maano - 2012-10-11 13:57

    Sorry jub jub guilty as charged we gav u 3 years in prison and get parole after 3 months if u behave will...we will gav u ur cell phone laptop ur bedroom suit...with ur special menu and ur gal friend will cum and visit every day and any time she want , she may spent a nite if she want..as for u tshabalala 12 years in with out parole u r a murderer...guilty ..guilty...guilty...u dnt hav a friends in higher place.llike jub jub...

      bongani.mthembu.7 - 2012-10-11 14:05

      kwaaaaaaa!lol! ke sono mara yazi.

      rob.gunning.1 - 2012-10-11 15:05

      are you retarded?

  • bongani.mthembu.7 - 2012-10-11 15:50

    Its time to go home guys, will chat again tomorrow, can we please be cordial to one another and stop hurting each other by calling each other names like ( you are stupid). we are not drunk or high, we are in control right? bye now.

  • loversboy.zidanemlambya - 2012-10-11 16:09

    sentece them please

      maggy.mabaso.7 - 2012-10-16 15:09

      Me too I'm saying it sentence them

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