The magistrate in Molemo ‘Jub Jub’ Maarohanye’s murder trial was forced to call the state and defence to order after a cheeky exchange over legal ethics on Wednesday.
Maarohanye and Themba Tshabalala are facing murder and attempted murder charges in the Protea Magistrate’s Court. They are accused of crashing their cars into a group of Soweto school children in March 2010 in an alleged drag racing accident.
Four pupils were killed and two others were injured.
On Wednesday 18-year-old state witness Portia Mafika took to the stand to testify.
She told the court how her friends became excited when they saw that Maarohanye was driving one of the cars. She added that another girl used her cellphone to take a video of the two drivers racing.
Mafika said she initially saw the cars standing stationary in the middle of Mdlalose Road and noticed Maarohanye speaking to a passenger in the other vehicle. She said their heads and arms were poking through the window.
The teen, who appeared tense when she first took the stand, underwent several hours of intense questioning.
Maarohanye’s attorney Ike Motloung then asked Mafika to demonstrate how her friend took a video of the two drivers racing. When she responded, state prosecutor Raymond Mathenjwa interjected.
That prompted a confident Motloung to call Mathenjwa mischievous for trying to stop the witness from answering certain questions. Mathenjwa then brought the issue of ethics and professionalism into the argument.
However, when the exchange started getting personal, the magistrate intervened and told them to behave in a manner that would ensure justice was served.
Source: Eye Witness News
Showing posts with label Themba Tshabalala. Show all posts
Showing posts with label Themba Tshabalala. Show all posts
Wednesday, March 23, 2011
Sunday, March 14, 2010
Jub Jub knew the risks - State
Prosecuting a driver for murder in an accident in which a person was killed is very complicated, says the prosecutor who successfully prosecuted one such case in South Africa last year. Sanet van Rensburg successfully prosecuted taxi driver Percyval Matji for the murder of Pretoria school girl Bernadine Kruger after he was initially charged with culpable homicide.
Matji, sentenced in the Pretoria Magistrate's Court to 12 years imprisonment, killed Kruger in February 2009, while she was riding a scooter to school in Garsfontein. He knocked her off the scooter and the front wheel of the minibus drove over her, killing her instantly. He was convicted of the murder in September. "A case like this is more complicated than a normal accident case, because you have to prove objectively the mindset of the accused at the time of the incident," said van Rensburg. She said it had been a challenge prosecuting Matji, but that there was legal authority to support such a prosecution. Another taxi driver, Petros Mchunu, was convicted of murder and sentenced to 20 years in jail, later reduced to 12 years on appeal, after he ran over and killed a traffic cop near Benoni in 2003.
This week hip-hop artist Molemo Maarohanye, popularly known as Jub Jub, and co-accused Themba Tshabalala were charged with murder following an alleged drag racing accident in which four school children were killed and two were injured. The pair were allegedly dicing their Mini Coopers down Mdlalose Street between Protea Glen and Protea North at 2pm on Monday. They were allegedly under the influence of alcohol, when they ploughed into a group of pupils, killing Prince Mohube, 16, Phumelelo Masemola, 16, Mlungisi Cwayi, 19, and Andile Mthombeni, 16. They face four charges of murder, two of attempted murder and one each of reckless driving and drunken driving.
Prosecutor Liezl van Jaarsveld told the Protea Magistrate's court that the two were allegedly racing in a residential area with many pedestrians, on a two-way street during peak-hour traffic. The matter was postponed to March 17 for a bail application.
Legal experts this week said the more common charge of culpable homicide was based on negligence. Murder required intent. Criminal law expert Kobus van Rooyen said the driver of a car involved in a fatal accident might be charged with murder. He pointed out murder was the intentional killing of a person, when the killer knows of the possibility that the act is unlawful.
There are three types of intent - direct intent, indirect intent, and intent where the accused could have foreseen the possibility that someone could get killed, but nevertheless continued with the act. This is known as dolus eventualis, a concept first raised by the Appeal Court in 1964, when it held that if you pass another vehicle on a rise where there is a solid line and kill someone, this could justify the inference of intention by way of eventuality. "The state will have to prove that the driver of the vehicle foresaw the possibility that someone could be killed, but nevertheless continued. If the driver is not convicted of murder, the conviction could be an alternative charge of culpable homicide. Emma Sadlier, an associate at law firm Webber Wentzel, wrote this week that dolus eventualis, or "legal intention", existed where the accused did not "mean" for the unlawful act to happen, but foresaw the possibility it might, and proceeded anyway. In the latest matter, in order to prove that the accused acted with dolus eventualis, the prosecution would need to prove that the pair knew someone might be killed when racing through a busy suburb on a single lane road, allegedly under the influence of both alcohol and drugs - but reconciled themselves to this risk and recklessly proceeded anyway. Van Rensburg said success in such a case depended not only of the facts, but also whether one was able to prove dolus eventualis. "Proving the mindset of the accused is very difficult. For example, one would look at whether the person was driving on a public road, whether there are normally pedestrians on that road, whether the driver believed that if he was travelling at speed, he could stop in time if something happened, the time of day, visibility, audience attraction in a drag racing case, was it raining... you have to look at all the circumstances," said the prosecutor.
National Prosecuting Authority spokesman Mthunzi Mhaga said whether the prosecution could prove guilt or intent depended on the available evidence, which would inform a decision to push for the murder charge. He said the murder charge for killing someone in an accident could become the norm in South Africa. "If, upon assessment of available evidence, we are of the view that murder is a sustainable charge, we'll take a prosecutorial decision to charge with murder".
Matji, sentenced in the Pretoria Magistrate's Court to 12 years imprisonment, killed Kruger in February 2009, while she was riding a scooter to school in Garsfontein. He knocked her off the scooter and the front wheel of the minibus drove over her, killing her instantly. He was convicted of the murder in September. "A case like this is more complicated than a normal accident case, because you have to prove objectively the mindset of the accused at the time of the incident," said van Rensburg. She said it had been a challenge prosecuting Matji, but that there was legal authority to support such a prosecution. Another taxi driver, Petros Mchunu, was convicted of murder and sentenced to 20 years in jail, later reduced to 12 years on appeal, after he ran over and killed a traffic cop near Benoni in 2003.
This week hip-hop artist Molemo Maarohanye, popularly known as Jub Jub, and co-accused Themba Tshabalala were charged with murder following an alleged drag racing accident in which four school children were killed and two were injured. The pair were allegedly dicing their Mini Coopers down Mdlalose Street between Protea Glen and Protea North at 2pm on Monday. They were allegedly under the influence of alcohol, when they ploughed into a group of pupils, killing Prince Mohube, 16, Phumelelo Masemola, 16, Mlungisi Cwayi, 19, and Andile Mthombeni, 16. They face four charges of murder, two of attempted murder and one each of reckless driving and drunken driving.
Prosecutor Liezl van Jaarsveld told the Protea Magistrate's court that the two were allegedly racing in a residential area with many pedestrians, on a two-way street during peak-hour traffic. The matter was postponed to March 17 for a bail application.
Legal experts this week said the more common charge of culpable homicide was based on negligence. Murder required intent. Criminal law expert Kobus van Rooyen said the driver of a car involved in a fatal accident might be charged with murder. He pointed out murder was the intentional killing of a person, when the killer knows of the possibility that the act is unlawful.
There are three types of intent - direct intent, indirect intent, and intent where the accused could have foreseen the possibility that someone could get killed, but nevertheless continued with the act. This is known as dolus eventualis, a concept first raised by the Appeal Court in 1964, when it held that if you pass another vehicle on a rise where there is a solid line and kill someone, this could justify the inference of intention by way of eventuality. "The state will have to prove that the driver of the vehicle foresaw the possibility that someone could be killed, but nevertheless continued. If the driver is not convicted of murder, the conviction could be an alternative charge of culpable homicide. Emma Sadlier, an associate at law firm Webber Wentzel, wrote this week that dolus eventualis, or "legal intention", existed where the accused did not "mean" for the unlawful act to happen, but foresaw the possibility it might, and proceeded anyway. In the latest matter, in order to prove that the accused acted with dolus eventualis, the prosecution would need to prove that the pair knew someone might be killed when racing through a busy suburb on a single lane road, allegedly under the influence of both alcohol and drugs - but reconciled themselves to this risk and recklessly proceeded anyway. Van Rensburg said success in such a case depended not only of the facts, but also whether one was able to prove dolus eventualis. "Proving the mindset of the accused is very difficult. For example, one would look at whether the person was driving on a public road, whether there are normally pedestrians on that road, whether the driver believed that if he was travelling at speed, he could stop in time if something happened, the time of day, visibility, audience attraction in a drag racing case, was it raining... you have to look at all the circumstances," said the prosecutor.
National Prosecuting Authority spokesman Mthunzi Mhaga said whether the prosecution could prove guilt or intent depended on the available evidence, which would inform a decision to push for the murder charge. He said the murder charge for killing someone in an accident could become the norm in South Africa. "If, upon assessment of available evidence, we are of the view that murder is a sustainable charge, we'll take a prosecutorial decision to charge with murder".
Friday, March 12, 2010
ANC hijacks memorial service - shameless politicians deny bereaved families chance to mourn in dignity
POLITICIANS hijacked yesterday’s memorial service for the four pupils killed in Monday’s tragic illegal drag racing incident. Families had to wait almost an hour before proceedings could begin because some of the political dignitaries arrived late for the service scheduled for 2pm.
Families and mourners had to wait inside an unbearably hot community hall in Protea South for the ANC youth and women’s leagues delegations, much to the frustration of pupils. “As the student leaders at Altmont Technical High School we feel sidelined because the politicians have hijacked what for some is the final farewell to our friends, class and schoolmates,” complained Mkhari Ntsako, president of Altmont’s SRC. He was supported by his deputy Musa Bhebotshani.
Programme director Victor Molefe kept chanting “Viva ANC Youth League Viva,” throughout the two-hour proceedings. Towards the end, the ANC Youth Leagues’s Pule Mabe caught wind of the complaints. He told the gathering: “We don’t need permission to send our condolences. We are part of society and the leaders of youth.”
Meanwhile, as the community comforted the bereaved, the Mushwana family sat at their son, Fumani’s, bedside at Chris Hani-Baragwanath Hospital. Fumani’s mother, Bridget, was too emotional to speak when Sowetan contacted her yesterday. She handed the phone to her husband Joel. “We are very tired. We have been up and down between home and the hospital and have hardly rested. It is really taking its strain on my wife,” Mushwana said. He said the family had been in contact with the school staff and the other families that had lost their children. “We have a chaplain who has supported us through this tough time and we will be fine,” Mushwana said.
At Protea South Community Hall, pupils from Almont High School and Jules High School – which the dead pupils had attended – were at the memorial service, as was Gauteng MEC for education Barbara Creecy. Altmont High principal Joe Molefe described one of the boys, Andile Mthombeni, as a “respectful” boy. Fellow pupils told mourners how special their classmates were.
On Wednesday, Molemo Maarohanye and co-accused Themba Tshabalala appeared on murder charges in the Protea magistrate’s court.
Source: The Sowetan
Families and mourners had to wait inside an unbearably hot community hall in Protea South for the ANC youth and women’s leagues delegations, much to the frustration of pupils. “As the student leaders at Altmont Technical High School we feel sidelined because the politicians have hijacked what for some is the final farewell to our friends, class and schoolmates,” complained Mkhari Ntsako, president of Altmont’s SRC. He was supported by his deputy Musa Bhebotshani.
Programme director Victor Molefe kept chanting “Viva ANC Youth League Viva,” throughout the two-hour proceedings. Towards the end, the ANC Youth Leagues’s Pule Mabe caught wind of the complaints. He told the gathering: “We don’t need permission to send our condolences. We are part of society and the leaders of youth.”
Meanwhile, as the community comforted the bereaved, the Mushwana family sat at their son, Fumani’s, bedside at Chris Hani-Baragwanath Hospital. Fumani’s mother, Bridget, was too emotional to speak when Sowetan contacted her yesterday. She handed the phone to her husband Joel. “We are very tired. We have been up and down between home and the hospital and have hardly rested. It is really taking its strain on my wife,” Mushwana said. He said the family had been in contact with the school staff and the other families that had lost their children. “We have a chaplain who has supported us through this tough time and we will be fine,” Mushwana said.
At Protea South Community Hall, pupils from Almont High School and Jules High School – which the dead pupils had attended – were at the memorial service, as was Gauteng MEC for education Barbara Creecy. Altmont High principal Joe Molefe described one of the boys, Andile Mthombeni, as a “respectful” boy. Fellow pupils told mourners how special their classmates were.
On Wednesday, Molemo Maarohanye and co-accused Themba Tshabalala appeared on murder charges in the Protea magistrate’s court.
Source: The Sowetan
Thursday, March 11, 2010
Why JubJub faces murder rap
An outraged community, stirred by the deaths of four teenage boys, beat a frantic path to the court gates in Protea, Soweto, yesterday. Seething residents and pupils shouted as they pelted the armoured van that carried Molemo Maarohanye, popularly known as JubJub, and Themba Tshabalala - the two men accused of killing the four boys during a road race on Monday. "You give them bail, we kill them", "No bail for bloody Jub Jub", "Life sentence for bloody Jub Jub" and "First example. Celeb or no celeb, pay the price" were some of the posters they carried.
Altmont Technical High School pupils spurred the angry crowd on as they rattled the court gates and sang "Awulethe uJub Jub" (Bring Jub Jub) - an adaptation of President Jacob Zuma's controversial machinegun song. Once inside the Protea Magistrate's Court, Maarohanye and Tshabalala faced their accusers.
For the deaths of Andile Mthombeni, Prince Mohube, Mlungisi Cwayi and Phomello Masemola, the charge is murder.
Hip-hop star JubJub wore a foam neck brace, a pink golf shirt with green stripes and jeans, Tshabalala wore a black leather jacket and jeans. Both appeared unemotional throughout the hearing. They were denied bail and will spend the next seven days in custody. Lawyers for the pair, who wanted to get them out on immediate bail, failed in their bid to have the State's request for a seven-day postponement denied.
Dozens of onlookers gathered in the passageways, while courtroom No 6 was packed out. Journalists and the public were squashed into every available space. JubJub's father Sidney and his sister Tiisetso were present, while his mother Mama Jackey was not. Policemen and women, a metro cop, interpreters, officials and lawyers all came to witness the hearing, many taking photos on their cellphones. Outside, at least 10 policemen controlled the crowd in the passageways.
Prosecutor Lizelle van Jaarsveld told magistrate Brian Nemavhadi the pair faced four murder charges, two of attempted murder, one count of reckless and negligent driving and another of driving under the influence of alcohol. She said the State needed a week for further investigations on grounds that further witness statements were needed, including those of two passengers. Technical inspections had to be done on both cars and more time was needed to shed light on the specifics of the charges and the granting of bail.
The known facts, according to the State, were that the two accused had been drag-racing along a two-way street when an approaching car caused one of them to swerve back into his lane, hitting the other car and losing control. The cars hit a group of teenagers, killing four boys and seriously injuring two. "This was in a residential area with pedestrians, it was peak hour and they were exceeding the speed limit by drag-racing, thus we are saying the charge is murder," Van Jaarsveld said.
Defence counsel Ike Motloung argued that the wrecked cars were "safely in the hands of the police" and the accused could do nothing to tamper with them or interfere with investigations. He said the State had failed to explain why they couldn't get all the statements they needed, arguing that the application for a postponement was being used "as the easy way out". "This was a motor collision. It appears four innocent souls were lost, and that is very tragic. But it was an accident. Exactly how it all took place, who's guilty and who's not, is to be determined at the trial stage. A bail application is not a time for that," Motloung stated.
Van Jaarsveld said the case would be referred to the Director of Prosecutions. "There are victims still in hospital. We cannot fairly be expected to get all the information we need in 48 hours," Van Jaarsveld pleaded.
Nemavhadi ruled that the State should be allowed more time to continue with its investigations and technical inspections before the accused could be allowed to apply for bail. He postponed the matter to Wednesday.
As JubJub and Tshabalala were led back to the cells, the angry crowd outside, now about 2 000 strong, bayed for their blood. Many people joked about JubJub being taken to Diepkloof Prison, claiming he would receive "a very warm welcome". "They are waiting for you. We've made arrangements for you. You had better go now because your lunch at Sun City is waiting for you," shouted one woman.
Source: IoL
Altmont Technical High School pupils spurred the angry crowd on as they rattled the court gates and sang "Awulethe uJub Jub" (Bring Jub Jub) - an adaptation of President Jacob Zuma's controversial machinegun song. Once inside the Protea Magistrate's Court, Maarohanye and Tshabalala faced their accusers.
For the deaths of Andile Mthombeni, Prince Mohube, Mlungisi Cwayi and Phomello Masemola, the charge is murder.
Hip-hop star JubJub wore a foam neck brace, a pink golf shirt with green stripes and jeans, Tshabalala wore a black leather jacket and jeans. Both appeared unemotional throughout the hearing. They were denied bail and will spend the next seven days in custody. Lawyers for the pair, who wanted to get them out on immediate bail, failed in their bid to have the State's request for a seven-day postponement denied.
Dozens of onlookers gathered in the passageways, while courtroom No 6 was packed out. Journalists and the public were squashed into every available space. JubJub's father Sidney and his sister Tiisetso were present, while his mother Mama Jackey was not. Policemen and women, a metro cop, interpreters, officials and lawyers all came to witness the hearing, many taking photos on their cellphones. Outside, at least 10 policemen controlled the crowd in the passageways.
Prosecutor Lizelle van Jaarsveld told magistrate Brian Nemavhadi the pair faced four murder charges, two of attempted murder, one count of reckless and negligent driving and another of driving under the influence of alcohol. She said the State needed a week for further investigations on grounds that further witness statements were needed, including those of two passengers. Technical inspections had to be done on both cars and more time was needed to shed light on the specifics of the charges and the granting of bail.
The known facts, according to the State, were that the two accused had been drag-racing along a two-way street when an approaching car caused one of them to swerve back into his lane, hitting the other car and losing control. The cars hit a group of teenagers, killing four boys and seriously injuring two. "This was in a residential area with pedestrians, it was peak hour and they were exceeding the speed limit by drag-racing, thus we are saying the charge is murder," Van Jaarsveld said.
Defence counsel Ike Motloung argued that the wrecked cars were "safely in the hands of the police" and the accused could do nothing to tamper with them or interfere with investigations. He said the State had failed to explain why they couldn't get all the statements they needed, arguing that the application for a postponement was being used "as the easy way out". "This was a motor collision. It appears four innocent souls were lost, and that is very tragic. But it was an accident. Exactly how it all took place, who's guilty and who's not, is to be determined at the trial stage. A bail application is not a time for that," Motloung stated.
Van Jaarsveld said the case would be referred to the Director of Prosecutions. "There are victims still in hospital. We cannot fairly be expected to get all the information we need in 48 hours," Van Jaarsveld pleaded.
Nemavhadi ruled that the State should be allowed more time to continue with its investigations and technical inspections before the accused could be allowed to apply for bail. He postponed the matter to Wednesday.
As JubJub and Tshabalala were led back to the cells, the angry crowd outside, now about 2 000 strong, bayed for their blood. Many people joked about JubJub being taken to Diepkloof Prison, claiming he would receive "a very warm welcome". "They are waiting for you. We've made arrangements for you. You had better go now because your lunch at Sun City is waiting for you," shouted one woman.
Source: IoL
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