Jub Jub urine samples questioned

2011-05-24 12:35

Johannesburg - There was no way of knowing whether the urine samples of murder-accused Molema Jub Jub Maarohanye and Themba Tshabalala were tampered with, the Protea Magistrate's Court heard on Tuesday.

Forensic analyst Jose van Rooyen said she had no influence on how samples were taken or how they were transported to the laboratory for forensic testing.

It was advisable that the samples were transported immediately to the laboratory by police as they needed to be preserved.

Van Rooyen is a forensic analyst for the Department of Health at its forensic laboratory in Johannesburg.


Defence lawyer Ike Motloung was cross-examining Van Rooyen on Tuesday on how she conducted the analysis of the urine samples.

He asked her if there was any way that the defence would be able to take the samples for re-testing to get a second opinion.

Van Rooyen replied that there was not, as the samples were destroyed after the analysis.

Motloung said there had been wide media coverage of the case with reports had preliminary tests had found morphine and cocaine in the samples.

Van Rooyen said that when she was given the samples she was told that the case was high profile.

Motloung has repeatedly said that Maarohanye and Tshabalala's case would be a trial by media.

Maarohanye and Tshabalala were allegedly drag-racing when one of their Mini Coopers ploughed into a group of schoolchildren on Mdlalose Drive in Protea North on March 8, last year.

Four children died in the accident and two others suffered severe injuries, including brain damage.

Maarohanya and Tshabalala face charges of murder and attempted murder and driving under the influence of drugs and alcohol.

Drugs found in urine samples

Earlier in the day, Van Rooyen testified that a number of drugs were found in the urine samples of Maarohanye and Tshabalala.

She told the court that the first sample was found to contain cocaine, codeine, benzoyl codeine, paracetamol, diphenhydramine and cotamine.

The second sample contained traces of cocaine, codeine, benzoyl codeine, nicotine, caffeine and paracetamol.

"These are all drugs," she said.

She said the samples did not show the levels of the substances.

Van Rooyen told the court that every piece of equipment she used to conduct the analysis was certified and that a quality control test was conducted before the analysis started.

She also told the court that she was a forensic analysis expert, but was not a toxicologist and could not say how the drugs would affect a person's behaviour.

Courtroom 6 at the Protea North court house filled up in the course of Tuesday's proceedings.

Relatives of the children who died wore T-shirts for the "Parents in Action" organisation, which they started against drug and alcohol abuse.

  • Gorilla - 2011-05-24 12:40

    "...There was no way of knowing whether the urine samples of murder-accused Molema Jub Jub Maarohanye and Themba Tshabalala were tampered with, the Protea Magistrate's Court heard on Tuesday..." When asked why, he replied "we are in South Africa silly"

      Felix - 2011-05-24 12:58

      By his logic, all evidence is irrelevant.

      WiseOwl2 - 2011-05-24 13:19

      Drug test !!!! ? What the hell the important thing to remember is lives were lost and destroyed and the defence is worrying about blood samples ???

      GinSA1 - 2011-05-24 13:21

      Felix, if that be the case, then never should anybody be found guilty right? It boggles the mind I tell you.

      thobsion.ANC - 2011-05-24 15:22

      Why don't you swim to where your father was born?

  • Barry - 2011-05-24 12:41

    Guilty is guilty

  • Barry - 2011-05-24 12:41

    .......but then again the court will decide

  • Warren Pridgeon - 2011-05-24 12:46

    "Allegedly drag racing"... *sigh You either are or you aren't. " fact... there was no so-called 'christmas tree lights' at the start of the race..eeeeh...road... so IN FACT it is categorically NOT a drag race... furthermore there was no timekeeping taking place...and in drag racing it is very important to know the time the race takes... so CLEARLY this was NOT a drag race."

  • willieman - 2011-05-24 12:49

    Jail minister of justice for all this delays

  • vambozha mutemi - 2011-05-24 12:59

    drag racing or moving like a tortoise...drugs or sweets in urine sample...alcohol or juice in blood sample..the fact remains the same these guys killed 4 innocent children and 2 have brain damage. What evidence are you looking for...the grass is green why do you waste time trying to convince me it is blue. Again, a mockery of the judicial system.

      SaintBruce - 2011-05-24 13:54

      The point of the evidence is to allow the Judge to set the level of sentencing to be applied. If these guys were on drugs, the defence may claim 'diminshed responsibility' ( I was High at the time) to get a lower sentence in the face of drunk / aggravated drug related driving which is gross negligence and recklessness - which gets a higher sentence couples with manslaughter ( accidental death) or murder - they fully knew what they were doing when they did it (crashed in full control of their monds and bodies - no other influence, just bad driving). There is more but the evidence has to be led to allow the correct sentence( not the desire of the mob justice) to be applied. The high profile of the accused does also mean this attracts attention and the Judge has to ignore that and get on with the assessment of the facts presented. Tough Job. My guess is that they should get 12 - 20 years in jail, no parole.

      SaintBruce - 2011-05-24 13:57

      Sorry - their 'minds and bodies' - meaning alert and conscious of their control of their vehicles. Either way - they were seen getting out of the wrecks so no way out of the death of those innocent children.

  • Ray - 2011-05-24 13:02

    So...After questioning his urine samples, what was the sample's reply?

      Gorilla - 2011-05-24 13:11

      the urine sample said "piss off"

  • Rob van den Heuvel - 2011-05-24 13:02

    If ( or when ) he gets off, he'll be a hero! What a bad example this will set. What, was that the sound of down hill I just heard. Heaven help us!

      tryanything - 2011-05-24 13:06

      His chicken supply seems to have run out though...

      Rob van den Heuvel - 2011-05-24 13:36

      Looking for Nandos or KFC to sponsor, it is his "right"....

  • Niekie - 2011-05-24 13:03

    Forget the drugs! They killed innocent kids for God sakes! Children! Hang the BASTARDS!

  • FrankLee - 2011-05-24 13:04

    So the defense is looking very hard for technical reasons to dismiss the charges. They certainly seem to have a very weak case otherwise, what with JJ caught in the act.

  • Rob Slater - 2011-05-24 13:06

    while I do feel for these guys (and ofcourse the families and kids affected) and it's ahorrible thing to have happened, if this lawyer manages to get them off scot free then there really is no justice and you can pay your way out of anything.

  • Ray - 2011-05-24 13:09

    Whatever the results of their urine samples were, should not be relevant!!! They killed 4 children by driving recklessly and at high speed in a street filled with people. They are not being tried for substance abuse....where does this monkey Motloung come from? Out of Africa?

  • Monde - 2011-05-24 13:11

    Blah Blah Blah... bloody lawyer strolling the case for his own gain, arrest these bastards man!

      GinSA1 - 2011-05-24 13:23

      Where have you been. They were arrested, many sleeps ago, then bailed, now just wasting time and money...............

  • Richard - 2011-05-24 13:24

    If I had killed 4 kids, this whole court debacle would make no difference to me. I would find it very difficult to live with myself. No forgiveness can bring them back. Own up to your errors and live with the consequences. I would want the punishment to atone my sins. Why do they feel no remorse? what A$$H0l#s

      Ryan77 - 2011-05-24 13:45

      Well said Richard. I was told that a real man will admit when he is wrong. They are not even men!!!

  • Santapola - 2011-05-24 13:29

    Lock this bastards and give me the keys pls..they killed innocent child...i wish they rot in jail moer se kont

  • RobertKay - 2011-05-24 13:29

    Why would the defence ask all sorts of questions? They don't understand the answers anyway. I suppose they have to earn their money. Different in my days, I can tell you. Waste the courts' time and you were soon rapped over the knuckles!

  • Lucky Strike - 2011-05-24 13:38

    Questions to ask: "Was the Mini Cooper yours?" "Were you the driver of the Mini Cooper?" "Did you lose control of the vehicle?" "Did your vehicle hit the children?" If the answers to all four questions are "YES", the verdict can only be: "Guilty as charged".

  • Skubbe - 2011-05-24 13:38

    Die prokureurtjie gryp nou na strooihalms.

  • My - 2011-05-24 13:39

    I like the headline: “Jub Jub urine samples questioned” I can picture the urine samples standing in the dock… The journo or editor was taking the pi$$ with this headline… He-he…

  • Craig44 - 2011-05-24 13:41

    Absolute BS! Just another scumbag lawyer trying to sabotage a clearcut case.

  • Ryan77 - 2011-05-24 13:41

    What about the parents of the kids that was killed ??!! Now they must sit and hope that the piss was not tampered with?! Just find they guilty and send them away.

  • Kay - 2011-05-24 13:41

    I don't understand why this case has been dragging out like this. He ran over and killed 4 children with his car. Regardless of the fact that he was on drugs, this is still a homicide. So either way he should be locked up!

  • call a spade - 2011-05-24 13:43

    miss directed fool of a lawyer. he don't get it. the children are dead drugs or no drugs.

  • Dawoedctsa - 2011-05-24 13:44

    disgrace - those poor kids - using this reasoning it would be difficult to rely on any form of lab evidence. This is making a mockery of the law and wasting our time and money.

  • denlyn - 2011-05-24 13:55

    The were drag racing... they killed innocent children...... Jail Long Long Time... end of story. - 2011-05-24 13:58

      avatar - Just posted Rather march them into the village square and hang them from the gallows. This could have been done the very day after the killing and maiming of the children. Jail? Why should taxpayers feed and accommodate idiots such as these? It's time for people to be responsible for their actions. - 2011-05-24 13:59

      Rather march them into the village square and hang them from the gallows. This could have been done the very day after the killing and maiming of the children. Jail? Why should taxpayers feed and accommodate idiots such as these? It's time for people to be responsible for their actions.

  • Streetdreams - 2011-05-24 14:04

    The state have messed up the case, they should have charged them with capable homicide, now they have to prove that their intention was to kill one, they way samples have been tested, the way the media and JMPD plus witnesses have testified, it is going to be very difficult for the state to prove beyond reasonable doubt that their intentions was to kill and the way the case is been dragging forever now...........feel sorrie for the families

  • gcr - 2011-05-24 14:07

    The law allows you a fair trial, and quite frankly if the defence lawyer gets these too off it points some rather disconcerting circumstances. The JMPD and SAPS jointly are incompetent in that they neglected to follow due process, did not secure the urine samples as they should have and SAPS to are responsible for formulating the case also failed to secure the area and extract adequate evidence to secure a conviction. This seems par for the course the detective branch of SAPS has failed they have multi million rand equipment for forensic testing but have no competent operators, the SAPS was so hell bent on applying AA that they lost the plot totally. Thank you ANC and all your cadres

  • Phumlani Blose - 2011-05-24 14:13

    @ Rob Slater money makes the world spin brother. Rich and famous never gets behind bars. I can bet you one thing, these guys won't get a proper jail sentence like you and I would get but they will get a supended sentence or community project to do.

  • Hope - 2011-05-24 14:36

    My God, they killed the children, they ruined the lives of young children and whole families, they were incoherent when arrested, the samples showed they had drugs in their systems.... What is soo difficult?

  • Jo - 2011-05-24 14:51

    Ctrl+C, Ctrl+V reporting... gotta love it.

  • MrBiggz - 2011-05-24 16:55

    They dun the deed now let dem do the time. Our (wanna-be) celebrities think that they can just do as they please and get away with it. Whether they were drunk / high is irrelevant. The ended the lives of innocent children and should should get the maximum sentence. Im sure this clown named Ike will feel differently if it happens to his children

  • KaluluM - 2011-05-26 12:32

    Lunch bar!!! obvious!!! ANC!!! obvious!!!

  • pages:
  • 1