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Jub Jub has potential - lawyer

2012-12-05 14:39

Johannesburg - Musician Molemo Jub Jub Maarohanye has potential and can make a difference in society, the Protea Magistrate's Court heard on Wednesday.

"Accused number one [Maarohanye] cannot spend the rest of his life in prison. He has huge potential and can make a difference in society," said his lawyer Rudi Krause.

"I urge your worship to approach the issue of sentencing with an open mind and not in reference to statistics."

Krause said the State had indicated it would argue in favour of life imprisonment for Maarohanye and his co-accused Themba Tshabalala.

They sat in the dock, with their heads down as they listened to the sentencing procedures.

Call for suspended sentence

Krause submitted that Maarohanye should get a suspended sentence because he was not a threat to society, that this was his first car accident and that rehabilitation would be difficult in prison.

"There are substantial and compelling circumstances to impose a lesser sentence," Krause said.

"To impose a life sentence is unfair and an injustice in this case."

Krause argued that Maarohanye was still young and that, because of his social status, he had an opportunity to make a difference in society and to become an ambassador to prevent accidents like this in the future and create public awareness.

He said the incident was not intentional.

Trial 'media-driven'

Earlier, Maarohanye told the court that his trial has been media-driven, and that the media had misled the public.

"This case has been driven by the media and the media has misled a lot of people," Maarohanye said while on the stand.

"A lot of what is said in the media is wrong - it's the truth, the media knows it themselves."

Maarohanye told the court the media reported he was drunk and driving under the influence of drugs even before he was tested.

He also said he was never given an opportunity to apologise to the boys' families.

Prosecutor Raymond Mathenjwa, asked Maarohanye why he had stated under oath during the trial that he never used drugs and only saw it on television, but told a social worker he used ecstasy.

"I had a lot of time to reflect on what happened when I was in correctional services... I took ecstasy once or twice a long time ago," Maarohanye said.

"I said I never took the drugs that were found in my urine."

Mathenjwa said Maarohanye blamed everyone for what happened and never took responsibility for his actions.

"You are in constant denial, and [are] not remorseful," Mathenjwa said.

Remorse

He went on to question Maarohanye on the difference between being regretful and remorseful.

Maarohanye responded: "It has been brought to my attention that I have not been remorseful."

Mathenjwa asked why he was apologising on Wednesday.

"I'm apologising because I'm human - I have feelings and feel bad about the tragedy," said Maarohanye.

There were a few comments from the packed public gallery when Maarohanye apologised, with a few family members shaking their heads.

The courtroom was packed, with many people standing. A few schoolchildren, dressed in uniform, were present in court as well.

Earlier, the emotional musician told the court that if he was given a suspended sentence he would establish a trust fund to benefit the families of the schoolboys.

Maarohanye, lead by his attorney Rudi Krause, read an affidavit that was drafted while in prison.

He told the court that the nation was hurt by the accident and that he never planned for the accident to happen.

"The incident changed my life forever and would continue to do so," Maarohanye read.

Tshabalala's defence indicated they would not call any witnesses.

Sentencing procedures continue, with the State calling witnesses.

On October 16, Magistrate Brian Nemavhidi found Maarohanye and Themba Tshabalala guilty on four counts of murder, two of attempted murder, using drugs, racing on a public road, and driving under the influence of drugs.

Maarohanye and Tshabalala were drag-racing in Protea North on March 8, 2010 when they crashed into a group of schoolboys, killing four and severely injuring two.

Comments
  • ThaboMdodo - 2012-12-05 14:47

    Or the potential to kill more of our young ones!

      CapeChappy - 2012-12-05 14:57

      Exactly, The families of those kids he killed don't have the luxury of suspending their loss, why should he be given a suspended sentence?

      moriri.mosweu - 2012-12-05 14:59

      "Jub Jub has potential" I can't agree more, the potential to pick the soap up better that anyone else is with no doubt there..

      maria.ellis.148 - 2012-12-05 15:09

      He should have used his potential to make a difference in society by not doing illegal street racing and killing children

      marnusmnorval - 2012-12-05 15:10

      The lesson I learned here is to be famous before you kill someone

      kalabafazi - 2012-12-05 15:12

      He should have sung the right tune at the beginning of the trial and pleaded guilty. He has no responsibility and denies that he is at fault for anything that happened. It's way too late to start showing remorse.

      rbphiri - 2012-12-05 15:19

      "Jub Jub has potential" NO! you stupid little insignificant lawyer! Whoopi Goldberg has POTENTIAL to be Miss Universe, Butthole JuliARSE has POTENTIAL to be Eienstein or the POTENTIAL to pass woodwork, zuma has the POTENTIAL to have an actual registered bond for his giant shack in Nklanda.

      kalabafazi - 2012-12-05 15:55

      Guys - You can't blame the lawyer. She has to, by law, provide the best defence possible, whether she agrees with her client or not.

      marius.j.rensburg.3 - 2012-12-05 16:01

      Exactly HOW can a soon to be sentenced KILLER OF SCHOOL CHILDREN make a difference in a society??? Me thinks his lawyer is also smoking something......

  • jason.marriott.75 - 2012-12-05 14:47

    Clutching at straws I see.

      gift.ndlovu.564 - 2012-12-05 15:33

      POTENTIAL..To be someones B!T@H in jail...

  • peter.ndamase - 2012-12-05 14:51

    The lawyer is there to make a quick buck, so the judge must not be shaken on this representations. Life sentence is proper for the two!!!!!

  • dienaakte.waarheid.7 - 2012-12-05 14:53

    Yes, potential to make a lovely bride for some inmate in c-max.

  • sonia.bloem - 2012-12-05 14:57

    NO! NO! NO! Put the murderer in prison!!!!! He killed 4 innocent children!! He doesn't deserve a second chance!!!! Let him rot in prison!!!

  • john.loveland.9 - 2012-12-05 14:59

    Lock him up. We all have potential, but that does not excuse us for what we do. At no time during the trial was he remorseful, or helpful. All we heard were lies and denial.

      Gyspsydawn - 2012-12-05 15:18

      I agree!! blah blah blah, that's all we've heard, he HAD potential and he misused his "position" in society to have fun at the expense of 4 young lives, and was arrogant enought to think that his status would get him off scott free!! reading the report above, I felt like puking! what has this man been smoking(beside ecstacy) - his socks?????? he took part in an illegal activity, killed 4 x kids and injured others, excuse me - he has NO rights!!!! except to pay for what he did. Period!!"it has been brought to my attention that I am not remorseful"" - come on! u need someone to point that out to you, how do u stand in the same space as those kids families and talk such crap??? the mind boggles at such ignorance and arrogance!

  • mashudu.ndou.3 - 2012-12-05 15:01

    we know that already!

  • pitso.dlungwana - 2012-12-05 15:01

    Nonsense....................

  • mashudu.ndou.3 - 2012-12-05 15:02

    what about future Innocent potentials killed?

      bongani.mthembu.7 - 2012-12-05 15:29

      They could have been criminals or doing nyaope or even turn out to be rapists. there is no guarantee that they were gona lead a good life.

      marius.j.rensburg.3 - 2012-12-05 16:12

      bongani - please tell me you just making a sick joke? VERY sick joke?

  • maraisl - 2012-12-05 15:02

    One of those killed could have been the next president or have cured HIV. I don't undersrand how one person's life is more valuable than the other...

      khethu.ndlovu.3 - 2012-12-05 15:18

      A president to do what? Build a palace for themselves?

  • mholthuysen - 2012-12-05 15:03

    He should hang - who gives a damn about a social status - he KILLED four people! What examples do we set in South Africa if KILLERS walk free....

  • joshfiend - 2012-12-05 15:04

    His mother was a problem, he is a problem....what value to society is he? Please put him away, show us that justice is still here!

  • sthembiso.jali.50 - 2012-12-05 15:04

    every killer has a potential.

  • kitty.vanjaarsveld - 2012-12-05 15:05

    Sorry Jub Jub, you gave the families a life sentence

      bongani.mthembu.7 - 2012-12-05 15:30

      As if these kids were gona live forever and lead a good life.

      marius.j.rensburg.3 - 2012-12-05 16:15

      bongani - you as sick as they come bro, you need help.

  • kuno.tschumi.5 - 2012-12-05 15:05

    Earlier, the emotional musician told the court that if he was given a suspended sentence he would establish a trust fund to benefit the families of the schoolboys. so if he is not given a suspended sentence then he will not set up the trust fund... get this moron for bribery. now he wants to bargain. money simply cant buy class and responsibility.

  • rushda.cherval - 2012-12-05 15:06

    Only God will know.

  • mzo.bhane - 2012-12-05 15:07

    Life sentence for unintended murder, Balls!!!!!!!!!

      richard.zanner - 2012-12-05 15:23

      You say unintended murder. You are wrong. An element required for murder is the element of intent. Intent can however exist in the form of what is called "dolus eventualis" which means where you do something where you know what you are doing is dangerous and could lead to a calamity but chose to do it anyway. You cannot be full of drugs, go racing down a public road and not understand that this is dangerous and that this could lead to an accident. So I submit he had intent and so did the court otherwise the court would not have found him guilty of murder but of Culpable Homicide which only requires negligence as opposed to intent.

  • elmaure.labuschagne - 2012-12-05 15:08

    WTF??!!

  • lawrence.brown.5243817 - 2012-12-05 15:08

    "Krause submitted that Maarohanye should get a suspended sentence because he was not a threat to society, that this was his first car accident and that rehabilitation would be difficult in prison." He's not being jailed because of a car accident, he's being jailed for the people he MURDERED! And, if we think a pot-smoking drunk with the maturity of a two year old is an example to our kids....

  • kelley.k.grainger - 2012-12-05 15:10

    YES, stand for the man who not only murdered a group of kids but was also the under the influence and had help in the killing to ... He should be locked away, whether he isnt a threat or not - he was a threat and he has been sentenced for it .. Jail and no more !!!

  • gary.desousa.5 - 2012-12-05 15:11

    He has murdered people,shown no remorse, lied to the court A lawyer actually asks for a suspended sentence. That must make him sleep well at night. Noperson like that should even have one.

  • ahma.mdzwa - 2012-12-05 15:11

    Rudi Krause, Rudi Krause, Rudi Krause; Can you see good people what lawyers can do for the love of money. Rudi is a heartless individual, how can he plead for a drug addicted person who is responsible for the death of innocent, drug free school going children? How is Maarohanye going to make a difference in society while he has caused grief to the society? Rudi, if the children who died because of the recklessness of this drug infected moron were yours, i think you would be asking not for a custodial sentence, but for the lethal injection? Maarohanye should drug race to the electric chair, Save the taxpayer's money please. We have enough people who are able to make responsible and constructive contribution to the society. And Rubi, the blood of the innocent children is on your head, you are as guilty as Maarohanye!!!

      jo.vankatwijk - 2012-12-05 15:24

      Unfortunately in every court case there has to be prosecution and defense. Both of them have to do their best to get a verdict. I can't imagine that it is fun to defend someone like Jub Jub but someone has to do the job.

  • sipho.mbuyazi.9 - 2012-12-05 15:12

    He has potential definately to be sentence as used to set example to others like him. He has a potential to change the mind set of the people wanting to follow his steps to realize that they could spend a very long time in prison. He doesn't have a potential to change the mindset of others like him, but doing time in jail like everyone else who is like him.

  • richard.zanner - 2012-12-05 15:17

    He showed no remorse but defended the case pleading not guilty and dragging this thing out for along time. He lied about using drugs. He is not sorry for what he did. He is sorry for getting caught. What benefit can he be to society. It is not like he is a great roll model for the kids, using drugs and racing cars on public roads when full of drugs. Four kids lost their lives and two are brain damaged. What about their interests. If this guy does not go to jail it will be a huge injustice to the innocent kids involved and will send out the wrong message to other potential offenders. This drag racing on public roads is in any event a huge problem.

      mammudi.makgaleng.3 - 2012-12-05 18:38

      100% agreeing with you

  • tarryn.caizergues - 2012-12-05 15:17

    if he was imprisoned, it would show his followers and everyone else that there are consequences for your actions. To let him off with a suspended sentence would show that you can get away with murder!! He could have used his fame before the accident to set a good example and he didn't! Why should he get a second chance - the poor kids who were killed and their families don't get a second chance! This lawyer is smoking his socks!

  • dragonfire47 - 2012-12-05 15:19

    MUSICIAN, do you actually call that anti social garbage music, him and his gang rap ilk have no clue what real music is, rot in hell murderer

  • Thuthukani Junior Cindi - 2012-12-05 15:21

    if Jub jub gets a suspended sentence, all with similar cases must get suspended sentences

  • george.frangs - 2012-12-05 15:29

    Seriously!? Murder!? You guys are retarded. Murder implies that he set out and said, "imma kill those kids", which, to my knowledge he didn't do. It was an accident. Not that I'm condoning what he did, but it was an accident. I actually feel sorry for the guy because he is being made an example (albeit a bad one...) of by the courts that they won't tolerate this behaviour. What if Jub Jub was in your family, and he was charged with murder for an accident. Again, I'm not condoning, I'm just saying you people need a bit more perspective. Wether he has potential or not, I think a suspended sentence is more than fair.

      Daniel Mah - 2012-12-05 15:40

      have no doubt you have heard of the principle if dolus eventualis - these retard were found guilty on that

      george.frangs - 2012-12-05 15:47

      Sure, and I don't dispute that (imma maybe kill someone someday...). But the charge was murder, plain and simple. I don't think thats a fair judgement, but TIA....

      adv.kuubz - 2012-12-05 15:54

      @Geo rge legaly he cn b charged wth murder. De q of intent cumz whn u intentionaly n illegaly tyk intoxicating substances n operate a dangerous havy machinery knwng wht consequenses may occure n stil nevertheless reconcile urself wth dt fact. As 4ur sencerity wich i agree wth partly m of da view dt a term of imprisonment will surfice bt nt lyftym as due 2hiz status lyf imprisonment wud mean da punishment exceed da deed...

      marius.j.rensburg.3 - 2012-12-05 16:25

      George - if you use drugs and or alcohol and then drive a car and then "accidently" kill someone - you a murderer - simple. Why, because you knew that driving under the influence is wrong and the potential to be in an accident and killing someone is very high - get it?

      george.frangs - 2012-12-05 16:56

      Mannie, I'm not a child. Of course I "get it". It's not murder though. Gettit?

      marius.j.rensburg.3 - 2012-12-05 17:56

      George - your opening statement ask if the rest of us are retarded to think this is murder. Let me tel you something, again, he was high on drugs and alcohol. What a great combination to create the perfect super storm. He then raced down a road with his buddy. Neither you or me will ever know what was going on is his head while being so "tripped out" that that he doesnt know if he is DRIVING or FLYING and maybe he thought his playing some XBOX game and deliberately veered into those kids - huh? How about that - will we ever know? No. Drugs make you completely crazy and make you do things you would never do - now add some drink to that and then? Well, we all know what happened next.... It's a case by case basis - and in this case ITS MURDER.

  • morwaphasha - 2012-12-05 15:31

    We, the people going to clubs or taverns driving under the influence of liquor must consider this as a lesson learnt... Not all the robbers and killers got severe sentences and I "assume" there are those serving life sentences on crimes they did not commit...I have a feeling of sympathy for the families of the school boys however I feel that the community, social workers, the state, media, families and Jub-Jub as well as Themba Tshabalala can join hands together and generate a program that will involve possible measures to minimize road accidents, and also come up with a severe charge against those found driving under the influence of drugs and alcohol. The government must also reinforce on their main road/streets pavement project. Both Jub-Jub and Themba Tshabalala are human beings who deserve a second chance like anyone...The same trauma that the families went through, the accused are also going through and I believe both the accused would have reacted the same way the community did, however it draws attention to your mind that it's only a serious problem if you are not the one who committed it. Please Africans let's have mercy on this matter even though we cannot undo the "killings". Hope everyone find it in his/her own heart to forgive and relate this with the June 16 stories so that it will be easy for one to get relieved....Morwa Phasha.

  • Eterni80 - 2012-12-05 15:45

    he's a coward and a liar - lock him up and throw the room away.

  • nkuli.hlongwane.3 - 2012-12-05 15:50

    @George Frangs, are you for real?

      george.frangs - 2012-12-05 15:58

      For really reals man. I think a charge of murder is too much. I was one of the people that cried "throw him in jail!" but now that the charge is murder, I can't accept that, even though he is guilty of killing 4 kids, it wasn't murder.

  • kevin.mcdonagh.315 - 2012-12-05 15:56

    I agree with his lawyer. But let him do his good deeds in prison. More of an audience that needs to hear the word and its a pretty captive environment to do it in as well.

  • thelma.pottek - 2012-12-05 15:56

    ...ambassador to prevent accidents like this in the future and create public awareness. You are joking right? He will not be the first to go to jail for this crime, just because he is Jub Jub doesn't mean he should be an ambassador!!I am for one will not find him a reliable source or a good ambassador! In the end he is remorseful but the question remains, is he really sorry for the children or himself?

  • Erna - 2012-12-05 15:57

    He is a liar who showed absolutely no remorse during the trial. In fact, his demeanour was more of arrogance and boredom - till he started realising that there could be a chance of being found guilty.

  • Thilivhali Fitzgerald - 2012-12-05 16:00

    i guess this prosecutor is just trying to make a name for himself life sentence for what here.of cause we cant undo what happened to those boys whose lives was cut short the pain their families are going through but a harsh sentence wont bring those boys back give that boy a chance to do something in life he has the potential to do so he is not a murderer

      mammudi.makgaleng.3 - 2012-12-05 18:29

      Because those kids are not your blood and flesh that's the reason why you speak nonsense

  • tmukasa - 2012-12-05 16:03

    We know that you did not plan to kill school kids that day but it unfortunately happened due you to and your so -called friend racing on a public road with school kids. The speed limit on that particular road is 80km/h of which you were way over that limit, so excused me Mr Jub-Jub your really making it hard for many people to feel for you. you just making it worse. Its better for you to tale your punishment as a man and stop dragging this. You killed 4 kids and injured 2. Justice needs to be served, and an example also needs to be made here for anyone thinking of doing something that stupid.

  • maokeng.mankge - 2012-12-05 16:07

    His lawyer is crazy what kind of an ambassador will jub jub make r u saying its right 2 kill Mr.lawyer take ur useless qualification to the nearest toilet..Jub jub is lyk any other criminal convicted in dis country he should go to jail n serve his sentence..

  • john.m.mcdowall - 2012-12-05 16:08

    WHAT POTENTIAL? TO BE A FREQUENT KILLER OF INNOCENT CHILDREN ON THEIR WAY HOME FROM SCHOOL? dO US ALL A FAVOUR, AND THE INMATES OF SIN CITY, LOCK HIM AWAY FOREVER.

  • marius.j.rensburg.3 - 2012-12-05 16:10

    Yes Jub Jub. What is the media going on and on and on about? You only KILLED 4 school children? You clearly still don't understand what you have done, do you????

  • gorgee.pojjy - 2012-12-05 16:14

    If i were to race with my friend and accidentally knock kids on the road how will my judgement be like

  • maokeng.mankge - 2012-12-05 16:19

    Then release all criminals let them b all ambassador of crime they committed..Criminals have more rights in dis useless Democracy even politicians dnt go to prison

  • vanessa.woest - 2012-12-05 17:28

    Oh Yeah - potential to be somebody's BITCH......yippee

  • Lucky - 2012-12-05 17:46

    more than the children he mowed down in his drug induced, drunken state? methinks not!! to boot he denied it all so now he must hang.

  • hendrick.mokwena - 2012-12-05 18:10

    It seems like only poor arestees deserve to be in jail in this country, Money rule the justice in this country.

  • motho.batho.98 - 2012-12-05 19:56

    It sad story for both victims family as well as teh convicts.

  • esaia.molimola - 2012-12-05 21:50

    He has been found guilty of murder! The incident was not intentional? Four People are dead will never be seen again! Go do your time!

  • Tereasa Petrou - 2012-12-06 07:54

    Lock him up and never let him out again! Take your punishment like a man, you were man enough to get behind the wheel of a car under the influence of drugs, now be man enough to take your punishment! Those family's will never be same again! There pain will be with them for the rest of their lives, I know!

      pbongi2 - 2012-12-06 09:41

      May the spirits of the kids rest in peace the rest the law must take its course

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