Exactly three years after the accident when Top Billing television presenter Simba Mhere was killed, driver Preshalin Naidoo was found guilty of culpable homicide by the Randburg Magistrate's Court on Wednesday.
Magistrate David Mahango said in handing down judgement that "the court finds that the State has proven the facts beyond reasonable doubt that the accused wrongfully and negligently caused the collision that caused the death of Simba Mhere and Kady-Shay O'Bryan".
The crash involved three cars and happened on William Nicol Drive in Fourways, Johannesburg, on January 31, 2015.
During the trial, Naidoo said via an affidavit that the accident was caused by a mechanical malfunction of his vehicle and not due to negligent driving.
Magistrate Mahango read through the testimonies that were given by the State and defence witnesses during the trial and said that he found the evidence provided by the state witnesses credible. This included evidence by pathologist Dr Candice Hansmeyer, who said the injuries sustained by Mhere and O'Bryan were due to speed and impact.
The magistrate further added that he had a problem with accident reconstructionist Stanley Bezuidenhout because he was taking notes during the trial even though he was an assistant to the defence.
"Mr Bezuidenhout went on to express an opinion... This I find as bias," the magistrate ruled.
The matter was remanded to March 9 for pre-sentencing, and the State and the defence came to an agreement that Naidoo was not a flight risk, which permitted the extension of his bail.
The public gallery was filled with supporters of Naidoo, as well as a few members of Mhere's family and friends. Mhere's sister Valerie cried as the court recounted how her brother died.
- African News Agency (ANA)
