Magistrate: Jub Jub took drugs, sped

2012-10-16 11:59

Johannesburg - Musician Molemo Jub Jub Maarohanye and co-accused Themba Tshabalala drove next to each other at high speed, after consuming drugs and alcohol, fully aware that there were children on a public road, the Protea Magistrate's Court in Soweto found on Tuesday.

Magistrate Brian Nemavhidi said the drugs induced a "euphoric state" in Tshabalala and Maarohanye and lead both to doing risky behaviour.

"Those two [Maarohanye and Tshabalala], who had taken drugs... Caused the death of four schoolchildren and brain damage in two others," Nemavhidi said.

The Soweto courtroom was packed and Maarohanye and co-accused Themba Tshabalala showed no emotion as they listened to the summary of witnesses in their trial.

Maarohanye and Tshabalala were allegedly drag-racing in Protea North on March 8 2010 when they crashed into a group of schoolchildren.

Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola, were killed.

Nemavhidi also rejected Tshabalala's evidence, saying it contradicted the evidence given by the State witnesses.

"It is not true that you overtook accused one [Maarohanye] when it was safe to do so," he said.

Nemavhidi said two witnesses testifying for Maarohanye had collaborated their evidence to suit his version but they failed to convince the court.

Eyewitness corroborated evidence

Tshabalala, dressed in a suit, and Maarohanye, in a tan leather jacket and braided hair, did not look at each other once during Nemavhidi's summary.

Nemavhidi started handing down judgment by comparing and pointing out differences in the testimonies of the witnesses.

He said the eyewitnesses corroborated evidence about how the accident happened.

The drugs tests Maarohanye and Tshabalala had taken tested positive for morphine and cocaine.

"Insinuation of tampering with drug tests can't stand. The results did not change," he said.

"The urine samples were not tampered with and the cellphone video was not compromised."
The court accepted the evidence and testimonies of the witnesses.

Tshabalala sat upright, seemingly paying attention to every word, while Maarohanye sat with his arms folded and closed his eyes for long periods at a time.

He occasionally shuffled in his seat, sipped water and scratched his head while Tshabalala did not move.

More benches were carried in to make space for people trying to get inside court.

Judgment continues.

  • ianon.ym - 2012-10-16 12:03

    Are we seeing justice been done at long last - I hope they get put away for a long long time.

      squeegee.pilot - 2012-10-16 12:10

      Bye, bye Jub Jub...

      patson.nedzamba - 2012-10-16 12:25

      Sean, what does the article in question has to do with politics of race?

      Amandlawhereto - 2012-10-16 12:25

      Do you think we will get a result today - weather permitting - perhaps they can use the duckworth-lewis system if the rain interrupts proceedings again!

      beverly.young3 - 2012-10-16 12:27

      String them up!

      Jo.Davies123 - 2012-10-16 12:38

      @Sean.carny - what does this have to do with the guilty verdict?

      andrez.kolesky - 2012-10-16 12:45

      @sean.carny - aka ngobel, cutting and pasting from the ANCWL website again you MORON. Hamba gunje inja .. (go s__t dog)

      colin.langley - 2012-10-16 12:49 disgusting piece of sh*t. Using the death of children to spew your racist dividing drivel...bugger off and YOU go play in the damn traffic you poepall!!!!!!!!!!!!!!!!!

      adrian.strydom - 2012-10-16 12:53

      Sean Carny....have you been smoking homegrowns again ? You seem to be referring to another article altogether. Go and troll somewhere else, please !!!

      emilyjane.elson - 2012-10-16 13:07

      You like to cut and paste hey Sean??

  • AbrahamsTT - 2012-10-16 12:05

    Difficult one...

      squeegee.pilot - 2012-10-16 12:10

      What? Are you on drugs too?

      patson.nedzamba - 2012-10-16 12:27

      What's difficult, TT?

  • johny.stront - 2012-10-16 12:06

    Just Lock them up already!!

  • TheMcAttack - 2012-10-16 12:06

    Mark my words, they'll be found guilty but they wont spend a day in jail. It'll be appealled and drawn out for years. Saying that, i'd love to see them put away for years!

      brad.herbert.522 - 2012-10-16 12:13

      I'm with you on this one... there is something not quite right about how they posponed the ruling because of rain??? WTF?

      andrez.kolesky - 2012-10-16 12:48

      They better pray for a jail term, mob justice is rife in the townships. Judging from the response at the onset of this case, "watch and play"

      Msika - 2012-10-16 13:10

      It's possible, it happened in Limpopo where a farmer did not set foot in jail after murdering a teenager for playing ain his property.

  • mshengu.tshabalala.7 - 2012-10-16 12:14

    why all the postponing ,it is clear that these MINI drivers deserve a good 20 yrs imprisonment each

  • ngangi.bell - 2012-10-16 12:18

    people make mistakes.. however we cannot mistake recklesness as a mistake. the courts can judge and one day. god will too. Ionly wishfor justice and closure for those families. i sin too. but repentance is my motivator. all i see from jub jub is arrogance. and money, inyanga can nnot save him now

  • Hemlock - 2012-10-16 12:19

    Hopefully the sentence will fit the 4 life sentences without the possibility of parole!

  • sibonelo.mabuza - 2012-10-16 12:20

    Dont drop the soap

  • mikey.scholtz.7 - 2012-10-16 12:24

    @sean.carny what on earth have your comments got to do with this case? 2 people, drunk and high on cocaine, raced on a public road and killed 4 children - where does the colour of their skin come into that?

  • johan.harlaar.9 - 2012-10-16 12:31

    I don't want to run ahead of the judge but I think they are in serious SH£T. They may already have been chosen by some inmates. The betting is now on to which facility they are going.

  • johan.harlaar.9 - 2012-10-16 12:32

    Finally closure to the deceased's families and time for the injured to files civil suits for compensation.

      Jo.Davies123 - 2012-10-16 12:42

      I would like to see the parents put in cival cases now for pain and suffering. As well as money to help take care of the 2 who need care

  • sachasea - 2012-10-16 12:44

    Typical - this idiot is trying to blame his stupid actions on taking drugs. Drugs don't make you drive faster in your car. You decide to drive faster! In the same way that guns don't kill people on their own, people kill people using guns. I'm sick of criminals always trying to blame their actions on drugs or God/the Devil telling them to do it. Take responsibility for your own actions.

  • kholeka.nkabinde1 - 2012-10-16 12:48

    pls magistate let this 2 dogs jub jub themba go 2 jail 4 what they did,killing enocent children,

  • thadelphukem.completely - 2012-10-16 12:53

    Justice is finally served!!! Four life sentences will be perfect thanks...

  • lebogang.phaahla1 - 2012-10-16 12:54

    mistake is mistake we cant live without doing mistakes, let jub jub live free life

      thadelphukem.completely - 2012-10-16 15:32

      Lebogang you f*cken d@@s!!! Those kids he murdered also had a right to live a free life, yet he took that away from them... Jub jub deserves to spend the rest of his life rotting in prison!

  • bongani.mthembu.7 - 2012-10-16 12:54

    Magistrate Brian Nemavhidi said the drugs induced a "euphoric state" in Tshabalala and Maarohanye and lead both to doing risky behaviour. They were not themselves, glad the judge agrees with me. If you are under the influence you cannot think straight period, because you are not your normal self.

      sachasea - 2012-10-16 15:43

      That's total crap Bongani and you know it. I've ALWAYS been conscious of my actions and been able to control them whenever I've taken drugs in the past. Stop trying to pass the buck! Jub jub and his co-accused must take responsibility for their actions and face the music for the lives they cut short.

  • nicky.tyrrell - 2012-10-16 13:06

    Justice prevails! Life sentence I hope, without the possibility of a parole or sudden illness.

  • nomonde.maxammashinini - 2012-10-16 14:28

    agh shame i do feel sorry for both of them. However the magistrate has not passed sentencing yet, so He can stop being arrogant and be sincere in asking for forgiveness then, maybe the judge can give a lighter sentence or even suspended sentence.

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