Three-year jail sentence for Hillcrest drunk driver

HILLCREST personal trainer, Stephan Bothma, 27, who recently pleaded guilty to driving under the influence of alcohol and failing to perform the duties of a reasonable driver relating to an accident in Durban’s CBD a year ago, has been sentenced to three years in jail by Durban Magistrate, Phumlani Bhengu.

While sentencing Bothma, Bengu quoted statistics which ranked South Africa among the worst countries of the world in terms of the number of drunk driving incidents as he handed down his sentence, saying the court felt these cases were not treated with the seriousness they deserve.

Bothma, in addition to his three-year jail term, was also fined R10 000 for drunk driving.

He has, however, been granted leave to appeal his sentence and his bail has been extended pending the outcome of the appeal.

He claimed his mobile phone battery running flat which is what caused him to get behind the wheel of his car that night.

Bothma was over the legal driving limit when he hit another car from behind and sped through a red light on his way home after having watched a rugby match in the city.

On his arrest later in Hillcrest, blood samples were drawn.

Meanwhile, the occupants of the car he had hit were trapped according to the driver who, while uninjured himself, had two seriously injured passengers.

“We were all trapped in the car. I had to smash a window to get out and the Jaws of Life had to be used to cut Taariqa and Varsha from the wreckage,” said Hamresin Archary.

The Archarys, who had been in Durban for a family wedding, described how they were stopped at a red light at an intersection on Bram Fischer Road in central Durban, when Bothma’s car seemingly came out of nowhere and crashed into the back of their vehicle before driving off.

Archary contacted the Highway Mail after being approached via social media and confirmed the family and victims of the accident were hoping for a sentence which would drive a message home to anyone who considers driving drunk in the future.

The accident left sisters, Taariqa a quadriplegic confined to a wheelchair, and Varsha Maharaj with brain injuries.

Taariqa Archary was contacted via her Facebook account for comment and had not been able to respond by the time of going to press.

She read a three-page long victim impact statement in court in which she outlined how much her life has changed following the accident and how the paralysis has left her without the use of her hands.

She also described her condition as a “life sentence” with an emotional impact as well as the physical harm.

Bothma’s defence argued, in mitigation of sentence, that he be granted some leniency due to his being a first-time offender and that his licence not be revoked because he needed it to earn a living. In his guilty plea, Bothma he said he had been drinking beers and shooters at the rugby and intended to phone his fiancé for a lift home but his phone battery died. He claimed in his evidence that he had not been aware of the accident.

However, photos shared by MOBI-CLAW911, which assisted police in Hillcrest to trace the driver who had fled the accident scene, clearly show extensive damage to Bothma’s car.

“At the time of the arrest, the driver denied all knowledge of the accident,” reported MOBI-CLAW911 on its Facebook page alongside the pictures of the two vehicles.

Bothma described his thinking on that fateful night to the court during the trial.

“I decided to drive. I am extremely regretful of that decision. I admit I drove at excessive speed, I swerved in and out of traffic and failed to stop at an intersection,” he said.

Bothma, a private fitness instructor from Hillcrest, said he welcomed the opportunity to speak to the Highway Mail but wanted to speak to his lawyer first.

Highway Mail has since made several attempts to contact Bothma but has not been able to reach him.

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