The defence in the trial against Preshalin Naidoo, who was involved in the collision that killed Top Billing presenter Simba Mhere, on Monday, dismissed the evidence of all the State witnesses while making their argument to the Randburg Magistrate's Court.
Naidoo, 24, is currently on trial for allegedly causing the fatal 2015 car accident that claimed the lives of Mhere and his friend Kady-Shay O’Bryan.
He faces two charges of culpable homicide. The crash involved three cars and happened on William Nicol Drive in Fourways, Johannesburg on January 31, 2015.
Defence advocate François Roets argued that even if Naidoo had information, he was not obliged to furnish it to the State.
Roets said they believed that the State did not provide concrete evidence to prove that Naidoo was guilty of the charges he was facing.
"The onus never changes.. the court can only reject evidence if it's found to be false by reasonable doubt."
Roets read out cases that supported his arguments, and added that Mamokete Laka's evidence came dismally short and was contradictory to what she said she saw.
He added that the court could not make a finding on what speed Naidoo what driving at based on evidence that he described as "garbage evidence provided by Dr Candice Hansmeyer".
"Even if the court can find that Naidoo exceeded the limit and lost control the finding that he had driven the vehicle recklessly was insufficient."
Roets concluded by saying that the State had failed to prove their case and that Naidoo should be acquitted of all the charges he was facing.
Mamokete Laka who was travelling in the second vehicle that was involved in the collision earlier told the trial court that she heard the noise when the robot was orange.
"It shows the accused was driving at excessive speed."
She said Naidoo kept asked for forgiveness.
"The speed was not the speed that should be used to off ramp..it [Naidoo's vehicle] was flying. If the vehicle had mechanical problems he would've told us..he appeared drunk," said Laka during her testimony.
Laka's son Thabiso who was a passenger said that Naidoo said he had fallen asleep and smelt of alcohol.
Pathologist Dr Candice Hansmeyer testified said that based on the report and before seeing the images she could tell the injuries were caused by high impact and velocity and beyond what their bodies could take.
Matter was postponed to January 31, exactly three years after the accident occurred.
- African News Agency (ANA)
(Image:Top Billing)
