Update, 20 April, 10.21am
State prosecutor Dinesh Nandkissor has told an expert witness brought by the defence that her pre-sentencing report is biased.
Nandkissor told the social worker Elza Cilliers, who is in private practice, that she left out information that could be to the disadvantage of the convicted killer of Simba Mhere and Kady-Shay O’Bryan, Preshalin Naidoo.
Naidoo was found guilty by the Randburg Magistrates’ Court for recklessly causing the death of Mhere and O’Bryan in 2015.
The prosecutor pointed out that the social worker, with 31 years of experience, failed to reflect on the long-term impact that losing a mother at such a young age would have on the child that O’Bryan left behind. Nandkissor also pointed out that Cilliers failed to consider the interests of the community in her report. The prosecutor maintained that these were some of the important aspects that the report should have covered.
Nandkissor also questioned the authenticity of some of the character testimonies that were part of the report. He pointed out that the social worker failed to check with the authors of those letters if they indeed wrote what was in there. In response, Cilliers said she deemed the letters authentic, as they were written on company letterheads.
On failing to address the long-term impact of losing a mother at such a young age, she said she didn’t want to cause any secondary trauma on the child.
Sentencing proceedings continue at the Randburg Magistrates’ Court.
Earlier, 20 April, 10am
The court heard that the man convicted for the death of Top Billing presenter, Simba Mhere and his friend, Kady-Shay O’bryan is not really remorseful.
This is according to a pre-sentencing report compiled by a social worker in private practice, Eliza Cilliers. The report was made at the request of the defence.
In January, the Randburg Magistrates’ Court found Preshalin Naidoo guilty on two counts of culpable homicide. In his judgement, regional Magistrate David Mahongo said Naidoo recklessly caused the death of Mhere and O’bryan.
On 19 April, sentencing proceedings kicked off in the Randburg Magistrates’ Court before Mahongo.
Cilliers was the first witness to testify in mitigation of sentence.
According to the report compiled by her, Naidoo still denies that he was negligent when the accident that claimed the lives of two people occurred. The social worker, however, pointed out that Naidoo accepts that he was the driver of the vehicle that caused the deaths.
Cilliers highlighted that Naidoo’s view shows that he is not 100 per cent remorseful. The social worker said that even after being found guilty by the court, Naidoo still maintains that the deaths were not his fault.
Cilliers recommended to the court that Naidoo is sentenced to correctional supervision. This, according to her, will allow Naidoo to continue contributing to the economy of the country. Naidoo is currently employed as a special project manager for a prominent company.
Cilliers said the court can order that Naidoo contribute financially to O’byran’s little girl who only three when her mother died. The social worker said Naidoo can be ordered to contribute between R1 500 and R2 000 monthly towards the child.
Prominent in the social worker’s report was the word negligent but at the end of her report, defence Advocate Francois Roets made her aware that Naidoo was actually found guilty for recklessly causing the deaths and not negligent. Roets asked her that in light of this new information (reckless vs negligent), would she still stand by her sentence recommendation.
Cilliers immediately responded by saying that she would change it, perhaps to direct imprisonment. After a few moments, she changed her mind and said she would stand by the correctional supervision recommendation.
Cilliers told the court that her recommendation is based on the personal character of Naidoo. She described him as a humble, dedicated and respectful young man who would cooperate with authorities if sentenced to correctional supervision.
Cilliers told the court that during her investigation, she also spoke to families of the deceased.
She said Mhere’s father, Joseph, recommended that Naidoo is sentenced to a short direct imprisonment; while Simba’s mother, Angela said no sentence will bring back their son. Angela said she was robbed of her son and future grandchildren, adding that his death was very painful.
She also said to Cilliers that Naidoo hadn’t planned to kill her son, and he, himself, is still a young person with a life ahead of him. Mhere’s mom also recommended that Naidoo provide some financial assistance to O’byran’s minor child.
O’byran’s mother recommended that the sentence is one that will send out a strong message. Cilliers said O’byran’s mother expressed disappointment and shock at how Naidoo never made an effort to apologise, explain or pass condolences on to the bereaved families. Cilliers, however, said
Naidoo had told her that the police had stopped him and his family from making contact with families.
Sentencing continues.
