National 13.9.2016 04:11 pm

Magistrate rules state can use tracker evidence in Simba Mhere case

Preshalin Naidoo hides his face as he leaves the Randburg Magistrates Court, 4 June 2015. He faces two charges of culpable homicide as the driver who drove into the car of Top Billing presenter Simba Mhere on 31 January 2015, killing him and Mhere's passenger Kady-Shay O'Bryan. Naidoo's family can be seen in the background. Picture: Michel Bega

Preshalin Naidoo hides his face as he leaves the Randburg Magistrates Court, 4 June 2015. He faces two charges of culpable homicide as the driver who drove into the car of Top Billing presenter Simba Mhere on 31 January 2015, killing him and Mhere's passenger Kady-Shay O'Bryan. Naidoo's family can be seen in the background. Picture: Michel Bega

The evidence details the movement of Naidoo’s vehicle during the crash.

The magistrate in the trial of Preshalin Naidoo, who was involved in a car accident in which Top Billing presenter Simba Mhere was killed, on Tuesday ruled in favour of the state to produce evidence from a car-tracking device.

On Monday, the state had made an application in the Randburg Magistrates’ Court to introduce new evidence from the tracking device that was in Naidoo’s vehicle, as well as from his insurance company.

Naidoo‚ 24, faces two charges of culpable homicide relating to the car crash in which Mhere and his passenger Kady-Shay O’Bryan died. The crash, which involved three cars, occurred along William Nicol Drive in Fourways‚ Johannesburg, on January 31‚ 2015.

Advocate François Roets, for the defence, had argued against the introduction of the evidence.

Magistrate David Mahango said the question was whether or not allowing the state to produce the evidence would amount to a fair trial.

He added there would not be any prejudice suffered by Naidoo by allowing the state to produce the evidence.

Prosecutor Dinesh Nandkissor said the new evidence would be in the form of data and they felt that the facts of the case needed to be considered.

Nandkissor added the evidence detailed the movement of Naidoo’s vehicle.

Roets had argued whether it would be fair to allow the state to produce the evidence.

“It is the state’s duty to prove the case beyond reasonable doubt and disclose what evidence they will produce,” Roets said.

He added the investigating officer of the case had been aware of the information in the tracker report.

“It is correct to doubt what the State is telling the court,” argued Roets.

Roets went on to make reference to similar cases where “new” evidence was rejected by the court.

However, Mahango ruled that the State could introduce the tracker evidence and adjourned the matter to Thursday.

– African News Agency (ANA)

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