News24

Tears flow during Jub Jub judgment

2012-10-11 12:40

Johannesburg - Family members of the schoolchildren killed and injured in the crash involving musician Molemo "Jub Jub" Maarohanye and Themba Tshabalala wept in court on Thursday.

Magistrate Brian Nemavhidi was handing down judgment in the murder trial when he recalled evidence from the pathologist in the Protea Magistrate's Court.

"Injuries of all four of the deceased are all confirmatory (sic) that there was a sudden acceleration," Nemavhidi read.

"The victims were struck at a very high speed, their bodies were accelerated from zero speed to maximum velocity.... So severe to cause a near-decapitation in one of the victims."

As Nemavhidi was reading the judgment, family members of the schoolchildren broke down and were seen comforting each other.

Sobs were heard in the court as he read the report that described the individual cases of death in the four schoolchildren.

The two accused were allegedly drag-racing in Protea North in March 2010 when they crashed into a group of schoolchildren. Four boys were killed and two were 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 said the expert stated that neither car had mechanical faults prior to the accident.

"He concluded that the accident occurred as a result of over-steering," Nemavhidi read.

"He further concluded that the two vehicles were racing. The severity of the accident could have been avoided if the driver of the blue Mini Cooper had not exceeded 60km/h."

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

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

Friends and family of the school children, and of Tshabalala and Maarohanye, were present.

Comments
  • brian.mokhawana - 2012-10-11 12:50

    Young people and their fancy machines

      flysouth - 2012-10-11 13:11

      Nothing to do with the machine but everything to do with the people driving them!

      jaco.human.562 - 2012-10-11 14:43

      flysouth, I think that is exactly what brian meant

  • mokantanechristian.lekgothoane - 2012-10-11 12:52

    Gone they are.... For loooooooong time.

      rudi.willemse.39 - 2012-10-12 09:01

      Yoda?

  • patson.nedzamba - 2012-10-11 12:55

    I fail to understand why one can plead not guilty in this case. The nation is awaiting for the judgement.

  • sanchez.sancho.7 - 2012-10-11 12:56

    please take them away

  • mashudu.ndou.3 - 2012-10-11 12:57

    Guilty!

  • sehlabane.marxist - 2012-10-11 12:57

    I do not get paragraph 8. can someone please clarify...

      patson.nedzamba - 2012-10-11 13:10

      Assess is misspelt. Hope that helps.

  • Paul Mphap - 2012-10-11 13:01

    they should have confessed and apologised from day one...now they have exhausted all their resources...

      steve.ritchie.739 - 2012-10-11 13:44

      And if they have high-up cANCer connections, can suddenly get very, very sick and be out in no time to learn to play golf Shaik style as part of their rehabilitation program.

      lerato.mautlane - 2012-10-11 14:20

      @Keef or the appeal back-fires like that of Cwele and they get more!!! just saying :D

      amos.mtshweni.3 - 2012-10-11 16:21

      now it is painful bt ,the law must play the role

  • desertratbkf - 2012-10-11 13:04

    Bin them! They dont deserve to live!

      nomzamo.d.moyo - 2012-10-16 16:50

      WHO DOES? let who has no sin cast the first stone!

  • rob.gunning.1 - 2012-10-11 13:05

    "allegedly drag-racing" ??

  • Snazy.mntuwomntu - 2012-10-11 13:07

    Can they now go to Jail plzzz enough is enough

  • rob.gunning.1 - 2012-10-11 13:08

    Good, let them rot. Lying, murdering, drug addicted scum

  • pfanoshades.mutenda - 2012-10-11 13:09

    he should go for ever

  • christopher.m.lowe - 2012-10-11 13:12

    Hang the bastards.

  • njdejager - 2012-10-11 13:12

    They are going to LOVE him in jail. At long last.

  • Sphiwe - 2012-10-11 13:13

    I feel shame for themba tshabalala this is south africa only celebrity survive. jub jub will go home and themba to prison uniform.

  • flysouth - 2012-10-11 13:14

    Isn't it about time that people like this who waste the court's time and the state's (our) resources while they desperately defend themselves to the nth degree over more than 3 years, knowing they are guilty (do not tell me that they do not know what they did!), and finally being found guilty, should be forced to pay back those wasted costs. This in addition of course to any other penalty such as imprisonment. This is not unusual in civil cases, why should it not be the case in criminal matters?

  • Michele - 2012-10-11 13:14

    If you want to do the crime then be prepared to do the time, I hope people who indulge in drinking and driving are taking note.

  • Forgotten - 2012-10-11 13:15

    Put them into a dark creepy cell, and toss away the key!! Never let them see the light of another day!!!!

      steve.ritchie.739 - 2012-10-11 13:47

      Yeah. Put them in a three bed cell, so they can sing for Juliarse when he arrives.

  • musawenkosi.zwane.54 - 2012-10-11 13:16

    What kind of article are many of you reading here because it is stated that they were found \NOT GUILTY\ of which is nonsense. I so hate south african law those who have money always walk free mxm

      mark.d.barnard - 2012-10-11 13:33

      No, not found not guilty, they PLEADED not guilty, which means that if they're found guilty as they should be, they get harsher sentences. (No remorse etc.) The evidence presented in this article suggests that they'll be guilty on all charges with a hefty sentence to match.

      deon.louw.7505 - 2012-10-11 13:38

      They pleaded not guilty on all the charges, the verdict is not yet in?

      musawenkosi.zwane.54 - 2012-10-11 14:31

      Okay lets wait for tomorrow but im 75% sure that jub jub will be not found guilty for murder and attempted murder he can be found guilt for speeding of which he can pay money for. And guilty for drugs of which it will be below 5years. Then the other guy guilty for all changies , don't say i never told you

      gail.hayesbean - 2012-10-13 09:39

      @musakwenkosi: If you read the context and what is being said by the judge here I believe you are correct in believing that the judge is already intimating that Tshabalala was the more guilty of the two so that Maarohanye will get a lighter sentence. "IF" Tshabalala hadn't accepted the challenge thrown down by Maarohanye...". Aspersions have been cast during the trial of Maarohanye that the blood samples taken were meddled with (justification for appeal),judge has ruled though that he believes that Tshabalala DIDN't hit Maarohanye but that had T not been challenging M then M wouldn't have lost control. Judge is not saying that Maarohanye should not have been speeding because that is undeniable, what he is questioing is whether M would have lost control and nkilled those innocent young people if T hadn't suddenly tried to overtake him. I believe this is a moot point. M should not have been speeding and nobody would have died and the whole incident would not have happened. The law is still skewed for those who can afford to pay for it - the black diamonds. Tshabalala will take the full blame while Jub-Jub gets a slap on the wrist and goes back to his former life. Maybe he will do community service or pay compensation to the families of the victims who knows? The irony is that Maarohanye still has people who support and overlook what he has done and see him as a hero.

  • werner.dippenaar.77 - 2012-10-11 13:16

    I will only believe it when they are inside.

  • shirley.steenkamp - 2012-10-11 13:27

    Hope you stay there for the rest of your life with sleepless nights and flashes of your victims constantly waking you!!!

      mrova.blaza - 2012-10-11 13:42

      Judge not for you will be judged as well, let God do his work cause he is more than capable.

      shirley.steenkamp - 2012-10-11 14:10

      Mrova: we will talk again when you have just put poeces of your child in the ground!!!!!

      marius.j.rensburg.3 - 2012-10-11 14:34

      mrova - why stop there? Cancel the trail while you at it and leave it to god. Also personally explain it to those kids parents, face-to-face if you're a man. Let me know how it goes.

  • ben.louw.5 - 2012-10-11 13:40

    2 days for judgement then prob a week for sentencing. Urgh.. Law bureaucracy bleeeg.

  • Thabo Molema - 2012-10-11 13:42

    crying before the court does not symbolize any remorse from jub jub, he should have pleaded guilty when asked to do so. I think that is one of Ike Motloung's tactics to score him a lighter sentence.

      andrez.kolesky - 2012-10-11 13:50

      @Thabo The very first paragraph spells it out clearly: Family members ...... wept in court on Thursday. Not jub jub.

      siyanda.yeni.5 - 2012-10-11 14:04

      @thabo,you are shocking! You must read before commenting!

      gail.hayesbean - 2012-10-13 09:56

      Just saying, not just Ike - Jacob Zuma also admitted to having sex with the woman who accused him of rape claiming it was consensual and despite knowing her HIV status. A man acquitted him while JM and even ANCWL members carried on outside courts intimidating the victim (and the Judge in court in all probability) - he was white remember. The rot starts with the top of the chain. At least JM appears to be more responsible in that regard having supposedly only one child and a mother for whom he was prepared to commit alleged fraud with tenders and monies from anyone willing to part with it supposedly for the "people" but in reality only Juju's close family.

  • richard.zanner - 2012-10-11 13:43

    Let them rot in jail. they are not crying for the deceased but for themselves. If they cried for the deceased they would have admitted their crime.

  • phathuchicos - 2012-10-11 13:49

    tough love...our country still has one functional thing...Judiciary

  • hans.medupe - 2012-10-11 13:49

    Lets all empathize with families of the deceased...if these two don't go to jail, really i will loose hope on the justice system.Jang kapa jang,they should go to jail for atleast 20years+

  • andre.vandeventer.16 - 2012-10-11 13:51

    I personally believe that had "Jub Jub" confessed and repented, he would have been punished enough and should could have been given a suspended sentence. But the judge cannot be expected to do to someone that does not admit guilt!

      sjmanthey - 2012-10-11 14:26

      oh no you didn't! and what if one of the children killed was one of yours? suspended sentence? yeah right, you fool. 4 children were killed because he was high on drugs and under the influence and then decided to drag race with a buddy. rot in jail

      marius.j.rensburg.3 - 2012-10-11 14:43

      I think it's about a case by case basis. In this case the guilty or not guilty plea will not make a huge difference because of the shocking evidence presented to the court....

  • drizzt.pirie - 2012-10-11 13:55

    Guess what folks. These drug addicts and murderers will go free. There is no such word as Justice in Africa. The evil thrive and the good die. This is how it is.

  • juanita.vanrooyen.98 - 2012-10-11 14:02

    how can they possibly plead not guilty??? They obviously feel bugger all, not checking on the victims the ultimate in cold-heartedness

  • ntumbane.jones - 2012-10-11 14:11

    Judgement day 2, meaning it can take up to 20 days judging a suspect.In this case Jub Jub and Themba are still suspects as the court has not yet found guilty them guilty.Is this some kind of a joke or something.These 2 murdered 4 school kids under the influence of drugs and alcohol.They were guilty as charged from day one when they killed those scholars.Their case is not beyond reasonable doubt hence they should have been locked up long time ago.How many days will it take to sentence them.The courts are tormenting the victims` families.Get done with this case VaVhemda.

  • Dhavandran - 2012-10-11 14:13

    they can still enjoy being DRAG queens in jail and drag all they desire. bastards!

  • tshepo.maganedisa - 2012-10-11 14:31

    Welcome to OZ prison - i know some guy will be waiting with 2slice of thin brown bread and once you take his offer you gone dude - advise dont accept anything from anyone, join the gang and whatever you do *take this serious and dont ever forget it* dont drop the soap on the showers or you gone *my piece of advise seeing that your fate is almost as clear as daylight*

  • Mcdonald Mazibuko - 2012-10-11 14:35

    celebrity of nie celebrity,these people have to pay the price.if you wanna drag go to kyalami.

  • samkele.tsipa - 2012-10-11 14:51

    Ok, ok but who was winning?

      simthembile.hintsa - 2012-10-11 15:44

      looks like Jub Jub is taking this one. he's mom dated JZ u know.

  • semakaleng.thulare - 2012-10-11 15:14

    Personally I can't stand people who drive recklessly. One minute you singing along to the radio and the next you have have a broken neck. Reckless drivers should pay the price period!

  • boyisile - 2012-10-11 15:35

    I hereby find accused number 1 and 2 guilty as charged. I order them to be taken to Botswana for their death sentence. Court adjourned.

  • mac.kandeke - 2012-10-11 15:55

    Out of the four innocent kids, we could have had a lawyer (who could fought for for a roght cause), a doctor (who could have saved a life), a teacher (who could have educated the masses), and maybe a music who could have entertained people. But the behaviour of two irresponsible adults , all this is just a fantasy.\r\nFinal judgement please.

  • mac.kandeke - 2012-10-11 15:55

    Out of the four innocent kids, we could have had a lawyer (who could fought for for a roght cause), a doctor (who could have saved a life), a teacher (who could have educated the masses), and maybe a music who could have entertained people. But the behaviour of two irresponsible adults , all this is just a fantasy.\r\nFinal judgement please.

  • jacyjays.letsoalo - 2012-10-11 16:32

    If I were Jub Jub and his friend I would have pleaded guilty and asked for forgiveness! Got a negotiated sentence and like all celebrities come back after 2 yrs meaning this year he should have been out! I mean it is no argument that they were racing and who hit the kids and who caused the accident is imaterial(sic) but lives are important. Even if the kids did cheer on, they should have know better that cars are machines and they can be fatal if not used properly\r\nI understand they never intended to kill or harm anyone but that is properstrous(s) to say the list for them to have hired a lawyer to lie rather they should have said \sorry\ to the parents got culpable homicide and maybe got eight years and paid reparations to the families! Now they act as if they r victims of circumstances! I think their lawyers must follow them to prison and serve them drugs and sushi for they haven't shown remorce! However I feel for them but their arrogance killed them

  • wackidmaledu - 2012-10-11 17:03

    why is this case taking too long????cn smbdy get arrested already.

  • selrik - 2012-10-11 19:48

    Well if they still have sum bucks to spend it is a long way to go money money

  • johanes.ntoagae - 2012-10-11 19:51

    y it takes so long,,my suspection is tat tshabalala wil serve more tan jub jub,,cose evidence sayed if it was not him te accidend would b avoided,,myby jst bcos he is not celebrity,,

  • sfuty - 2012-10-11 20:23

    mxm

  • Tshilidzi Wa Ha Mukhovha - 2012-10-11 20:46

    I am appealing to all motorist not to remember the campaign of Arrive Alive during Public Holidays and Festive Seasons when the Volume of traffic is too high,but to apply it each and everyday they find themselves behind steering wheel. Speed kills don't Drink and Drive. Drink and Walk. The Judgment of these case must serve both party.

  • michal.mierzwa - 2012-10-11 20:47

    Just get over with the judgement and put them all in jail without parole!!!

  • adriaan.delange.94 - 2012-10-12 03:31

    Nothing less than the death penalty is the only way to get order back in SOUTH AFRICA,so that we can enjoy a Democratic South Africa. FREE FOR ALL! CORRUPTION OUT AND CRIMINALS OUT. President Obama said very true words: "TOGETHER WE CAN"!!!!

  • mshiniboys - 2012-10-12 04:06

    This boy is arrogant and thinks his mother's money will make him immune to the law.He treated those victims and theiir families like junk when he lied and smiled in court while people were crying.heartless and cold blooded.no remorse at all for what he did.

      nozuko.ndabambi - 2012-10-18 06:28

      I scnd dat all dis pipz whuz gt money r lyk dat I h8t dem rlly

  • Harold Chisimba - 2012-10-12 08:12

    When justice stings.

  • konfab - 2012-10-12 08:57

    Just some scientific semantics here: "accelerated from zero speed to maximum velocity". Firstly: mixing scaler and vector quantities is . Secondly: maximum velocity? Speed of light? Semantics aside those guys should be jailed for life.

  • cristina.salva.7 - 2012-10-12 10:05

    Guilty!!!!