Victim’s dad sobs at Jub Jub trial

2011-06-22 20:01

Johannesburg - The trial of Molemo "Jub Jub" Maarohanye and co-accused Temba Tshabalala was postponed to July 11 in the Protea Magistrate's Court on Wednesday.

The defence needed time to go through documents to prepare for the upcoming testimony of two forensic experts.

The trial would continue on July 11 until July 15.

Earlier, the court heard that a child who sustained a brain injury from the accident.

Wiping away tears, Joel Mushwana told the court his son Fumani suffered from memory loss.

"If I ask for water, he stands in front of the fridge with the glass in his hand," Mushwana testified.

Musician Molemo "Jub Jub" Maarohanye and his co-accused Temba Tshabalala bowed their heads and closed their eyes as he gave evidence.

Four children died when one of their Mini Coopers ploughed into a group of schoolchildren while they were allegedly drag-racing in Mdlalose Street, Protea North, last year.

They face charges of murder, attempted murder and driving under the influence of drugs and alcohol.
A second survivor of the crash, Frank Mlambo, also sustained brain injuries.

'My son was not moving'

She was at work when she found out what had happened, his mother Martha Tinyiko Mlambo told the court.

Her son was not moving when she visited him at the Chris Hani-Baragwanath hospital at 20:00, that night, she said. "He was on a stretcher."

He had steel bricks attached to the side of his head, and had machinery connected to him, she testified.

Her son was moved to the trauma unit and then to the intensive care unit where he stayed from March 9, the day after the accident, to early in May.

He spent 19 more days in another ward before being taken home.

She told the court he had no fractures, but internal bleeding which affected his brain.

'Like a small baby'

On arriving at home, Frank had to learn how to eat, walk and talk again. He also had to use adult diapers.

"I had to take care of him as a small baby," Mlambo testified.

He asked his mother whether he had been stabbed.

He also wanted to go back to school, which he eventually did, but he could not write properly and did not pass his exams. He had since been moved to another school where all he could do was woodwork, she said.

"He doesn't remember," she told the court.

Cop questioned

Earlier, a police officer at the scene of the accident testified that at the time of their arrests, both Maarohanye and Tshabalala tested positive for cocaine and morphine.

Tshabalala's blood alcohol level at the time was 0.40 and Maarohanye's was zero.

Also dissected in court on Wednesday was the previous cross-examination of a crime intelligence cyber unit police officer who copied onto a DVD a cellphone video purportedly showing Maarohanye and Tshabalala drag racing.

At the request of State prosecutor Raymond Mathenjwa, Magistrate Brian Nemabidi ordered that the policeman not be identified for "security reasons".

Maarohanye's lawyer Ike Motloung accused the policeman of "speaking in circles" and also questioned whether the speed of a video could be altered.

In Tuesday's cross-examination, he accused the policeman of "lying" and "playing games".

"You never thought I'd ask for the file," Motloung said.

The footage belongs to 18-year-old witness Ntokozo Mahlangu.

Previously she said she refused to give the defence her cellphone's memory card as it contained private data.

  • UCTstudent - 2011-06-22 21:01

    Poor writing, seems to be getting worse by the day on News24. Please find some better journos or just hire a proper editor

      Kuhle - 2011-06-23 04:06

      Oh my gosh!!! Thought I was the only one fcomplaining about the standard of writing and journalism - not only on News24, but it seems to be one of the worst.

      Opinionated - 2011-06-23 07:41

      Its actually shocking, you would swear that news 24 allow any random person to post news articles and no one bothers to proofread what is posted. "Earlier, the court heard that a child who sustained a brain injury from the accident" ?? WTF And the sentence structure just gets worse as you go along. Its so frustrating to be trying to figure out what is going on in an article due to poor writing.

      York Hunt - 2011-06-23 08:17

      Yes the reporting is shoddy because NEWS24 has all their 'main brains' moderating the comment sections - to root out anything 'inappropriate'.

      Gwen - 2011-06-23 08:53

      Would you rather have News24 charge us to read their news (like many other news sources do) and have better writing? Really - I can't stand it when people complain about something they are getting for free.

      Sho Fukamachi - 2011-06-23 09:26

      What can you say for someone who's been employed due to BEE. They don't deserve their jobs.

      Worldwise - 2011-06-23 12:03

      @ Gwen. It's definitely not free. News24 relies on the number of hits to attract advertising. Just like your community paper that is delivered to your post box, it is not free but paid for. The business model is just unknown to you. There is no such thing as a free lunch.

      sabrael - 2011-06-23 12:44!/aproofreader And Gwen, a free service to the public is not a good excuse to hire reporters or proof readers with questionable grammar skills.

      Warslat - 2011-06-23 22:25

      Gwen - I can't stand it when people complain about something they are getting for free. Worldwise - It's definitely not free Well "Worldwise" how much did it cost you to visit the site? Gwen didn't say adverts were posted for free but rather the news you view doesn't cost you anything. Sure this isn't an excuse for bad reporting, spelling or grammar but why not take it up with them directly instead of forums placed there to discuss the actual article. Probably because you wouldn't get as much attention. You never contribute anything, just take pot shots at others. You're a borderline troll. Learn to read, understand what was written and change your name to something less pretentious. Worldork would be more appropriate.

      sabrael - 2011-06-24 09:10

      @Warslat, for the record, I've taken it up on more than one occasion with News24 and had no response.

  • majoor - 2011-06-22 21:31

    "Earlier, the court heard that a child who sustained a brain injury from the accident".Wtf? What does this statement mean? Bad Bad reporting... I have noticed that most of the times News24 reporters reports hours later than the papers. Get some quality people working for you please. Even I can do better from my home computer...

  • Warslat - 2011-06-22 21:40

    Why are they being charged with murder and not manslaughter. I bet they get off on a technicality like this, they did kill through recklessness...not intent.

      Kuhle - 2011-06-23 04:09

      Agreed, culpable homicide should have always been the charge. Wot idiots, you're right, this will probably allow for ish to dismantle everything.

      Worldwise - 2011-06-23 12:06

      Murder is the main charge. If they are found not guilty of murder they can still be found guilty of the alternative and lesser charges of manslaughter or culpable homicide. Learn how the law works.

      Warslat - 2011-06-23 13:20

      @ Worldwise...before understanding how the law works I'd think one should understand the difference between murder and manslaughter. For your benefit... Murder - committed with malice aforethought, characterized by deliberation or premeditation Manslaughter - the unlawful killing of a human being without malice aforethought Learn it so called worldwise Why bother charging him with something we all know he didn't do?

      The Wonderer - 2011-06-23 16:48

      I think the community will rectify the problem if they're set free...

  • greentomato - 2011-06-22 22:16

    Jub Jub needs to pay for what he has done. He is a spoilt little boy and needs to be taught a lesson. There are consequences in life.

      Kuhle - 2011-06-23 04:08

      Don't really think it's about him being taught a lesson, or whether he's spoilt or not - most celebrities are. The point it, he committed a crime and should be treated as such.

  • Larro - 2011-06-23 05:37

    Coke and Morphine, racing and killed and crippled kids? Lock them up for 20 years.

      Warren - 2011-06-23 11:58

      ... for each life lost!

  • stofsuier - 2011-06-23 06:06

    Stop wasting tax payers money on rubbish like this and lock these killers up !!!!

  • mhlongoms - 2011-06-23 06:33

    these dudes r guilty as sin,courts waste so much time sometimes,maybe mobb justice would hv sorted these idiots out quicker

      lollie sue - 2011-06-23 08:18

      yah i think u right dude, thou we shldnt take law into our own hands, hope justice will be done at the end

  • Niekie - 2011-06-23 06:42

    Hang this useless excuse for a man, take all his money and give it to the victims! He does not deserve to live! How can you kill children and then go to court and try to get off! Murdering basterd! Sub-human scum!!!!

  • Airraid - 2011-06-23 07:29

    Was the reporter in an accident as well? Don't you have to have at least grade 4 to be a reporter? Sheez people! Take some pride in your work. My dad always says: Read everything you send twice; the person reading it doesn't know you are better than the mistakes you made. SHAPE UP OR SHIP OUT

  • Kim - 2011-06-23 07:34

    What frustrates me in cases like this is that the 2 accused have a lawyer representing them who has no conscience and does not give a damn about right or wrong. He is only interested in his pocket and will go out of his way to ensure that justice is not served as long as he receives his pay cheque. These 2 murdered and maimed innocent children and they should pay the price. I have no respect for lawyers who defend guilty people.

      ariete - 2011-06-23 08:03

      They also get paid by the day, so it is advantageous for them to string out a case as long as possible.

  • AllSeeingEye - 2011-06-23 08:24

    They just have to pay for their deeds,if they get away with this then we can all get away with anything trust me,justice must be served,,JAIL JAIL JAIL

  • tam - 2011-06-23 08:32

    they killed and injured so many children - why on earth are they even on trail? whether or not they were drunk or high is irrelivant! they were drag racing - there were loads of witnesses, they should go directly to jail and stay there!!!

      Mishka - 2011-06-23 08:54

      I could not agree with you more. It is inconceivable that there is even a trial where the crappy technicalities of possible speeding up of a video from a cell phone might have happened, amongst other things. Call the two up to the Judge, have the Judge very simply as if they were speeding or drag racing. Yes. Did you know the speed limit in the residential area? Yes. And lock the thugs up. They have taken the lives of four and ruined the lives of two, which has an effect on many more people, parents and other family included. LOCK THEM UP! I don't care who was stone cold sober, who was high, who wasn't. They killed and maimed. People saw. LOCK THEM UP!!!!!!!!!!!!!!

  • Christian - 2011-06-23 09:43

    and foreigners are burnt to death for having shops in the townships, when the scumbags like these 2 can get away with murder, because they have money. his mother jackie, by the way, is also not a good woman at all, so you can imagine where he comes from

      Virginia - 2011-06-23 13:39

      I say Christian, hand them over to the township court, they will deal with them. These guys are guilty of manslaughter, it was their cars with them driving, so why all the fuss of a trial, put them in jail, maybe just maybe Winnie is behind all this hoping to get her boys off.

  • dollypeg - 2011-06-23 09:55

    Why are they fooling around with this cell phone evidence when it is merely a smoke screen to delay justice. The men were obviously driving the cars that killed and maimed these children. Why do they need evidence like this when the accused climbed out of the motor cars at the there something I'm missing? And why are you all fussing about the quality of the article when the main story is the court case against idiots who killed innocent chldren?

  • Garry - 2011-06-23 10:08

    All your comments about bad reporting, might be true, but the point is, this reckless act cost lives and they must pay with the ultimate, Jail for life without paroll. Please get on with this trial and put these two animals to sword .

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