Motorist denied leave to appeal conviction and sentence for death of Top Billing presenter Simba Mhere

2018-06-22 12:33
Simba Mhere. (File)

Simba Mhere. (File)

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The man convicted of causing the 2015 car accident that led to the deaths of Top Billing presenter Simba Mhere and his friend Kady-Shay O'Bryan, was denied leave to appeal on Friday.

Naidoo's bail application pending the outcome of the petition to the High Court has also been refused.

Preshalin Naidoo was sentenced to 10 years in prison by the Randburg Magistrate's on Monday.

READ: Motorist gets 10 years for death of Top Billing presenter Simba Mhere

Magistrate David Mahango said on Friday that human error was found to be the cause of the fatal car crash.

Mahango said the court had come to the conclusion that the sentence imposed on the Naidoo was well balanced and the prospect of success of appeal were non-existent.

"No other court will come to a different conclusion than this court. The application for both sentence and conviction is therefore denied."

Before making his way down the stairs after proceedings, Naidoo hugged and kissed his sobbing mother.

'Excessive speed'

Prosecutor Dinesh Nandkissor previously argued that the leave to appeal application fell short of what was required.

"The State submits that the court removes or dismiss the leave to appeal application because it doesn't meet the certain requirements," Nandkissor said.

READ: Driver found guilty of culpable homicide in accident which killed Top Billing presenter Simba Mhere and his friend

Nandkissor said the court found that Naidoo's actions on the day of the incident were reckless, adding that he was driving at excessive speed.

"If the accused [Naidoo] was not driving at an excessive speed on the day he would have not caused so much damage and the deaths of two people. There was sufficient evident to sustain the conviction of the accused."

Nandkissor also argued that Naidoo showed no remorse during his trial.

"Remorse is described as inner sorrow, at no stage was there remorse showed by the accused."

He said the term of imprisonment imposed on Naidoo was appropriate.

"The honourable court should dismiss the leave of appeal application because no other court will interfere with the conviction or sentence of this court. The court imposed a just and fair sentence."

Mahango said at the time that the court had a duty to impose a sentence that would deter the accused and other drivers, adding road users were tired of reckless drivers and expected the courts to deal with them.

Naidoo was found guilty in January of two counts of culpable homicide, as well as negligent and reckless driving.

Mhere was driving north on William Nicol Drive in January 2015 when a car slammed into his vehicle.

His father‚ Joseph‚ who was with him at the time‚ survived the crash.

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Read more on:    simba mhere  |  johannesburg  |  judiciary  |  accidents

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