BARBERTON – It’s been nearly a year since a young man, who was much loved by the local community, lost his life in front of the high school where he had matriculated in 2012.
On Saturday February 9, 2013, 19-yearold Diamantino Cornelius Carvalho Thomas (Tino), was on his way home on his motorcycle from the 24-hour quick shop at Task Nissan. Thomas was proceeding down Sheba Road in the direction of Barberton High School when the driver of a Toyota Auris, Duan Geldenhuys, crashed into him from behind. The force of the impact hurled him approximately 80 metres from the point of impact, resulting in his death.
His bike was also flung through the air, and came to a standstill roughly 130 metres from the point of impact, 50 metres from the body. The accident took place at 02:15 and Barberton Times arrived at the scene at 02:30 to find a traumatised Geldenhuys being helped out of his car and led away by the SAPS.
Blood-alcohol tests were done and these disclosed that Thomas had no alcohol in his bloodstream, while Geldenhuys’ levels were way over the limit. The results of these tests are in possession of Barberton Times. According to Gary Ronald, head of public affairs for the AA, “after only one unit of alcohol, your chances of being in an accident are doubled, and when you are at the legal limit of 0.024mg, you are four times more likely to be in one”. Geldenhuys was charged with reckless and negligent driving, driving while under the influence and culpable homicide.
Throughout the year following Thomas’ death, the case has been brought before the courts numerous times. On Monday, Geldenhuys pleaded guilty to the above charges in the Nelspruit Magistrate’s Court. Speaking on behalf of his client, attorney for the defendant, Coert Jordaan, said Geldenhuys admitted that his negligent behaviour had cost Thomas his life, that he had consumed alcohol and that his actions were punishable. He then read a declaration written by Geldenhuys of what took place during the hours that preceded the incident.
In this declaration, Geldenhuys, among other things, stated that after a rugby match at Coronation Park, in which both Thomas and himself played on the Friday evening prior to the accident, he socialised with the rest of the team, consuming alcohol and that he at one stage injured his hand when he bumped into the glass window of the rugby club’s kitchen.
He said someone covered his hand in a bandage, and that he believed it to be fine.
However, after some more socialising and drinking, he saw that the bandage was drenched and that he was losing a lot of blood. Geldenhuys said he was advised by someone to go to the hospital for stitches.
He left shortly afterwards for the hospital. According to his statement, it was very dark in Sheba Road on his way to the hospital, and as he was nearing the four-way stop at the high school, he became aware of something in front of him, and the next moment he heard a loud crash. He said his vehicle was flung towards the curb and when he saw Thomas’ body, he went into shock.
In Geldenhuys’ declaration he said he bitterly regretted what had happened and he realised that he had caused great pain to Thomas’ loved ones and begged the family for forgiveness.
He said the incident changed his life into a living hell and the fact that his negligent alcohol intake had cost the life of a teammate, would remain with him for the rest of his days. It also read that he wouldn’t end up in such a situation again.
Jordaan said Geldenhuys, who only received a salary of R9 000, could also manage to obtain funds to compensate the family. Jordaan pointed out that a very important aspect that shouldn’t be overlooked was the fact that Geldenhuys was still a youth (20) at the time of the
incident. He also pleaded that the court take into consideration that Geldenhuys couldn’t perform his current job without a driver’s licence. After taking everything into consideration, it was decided by magistrate Roelf Smith that the case would recur on March 7. In the meantime, Barberton Times spoke to the father of the deceased, Gordon Thomas. Gordon said he was outraged. “Most of what was said today was blatant lies. Among other things, why has the prosecutor, Robert Ndlovu, who was supposed to act in my best interest, not handed in the reports on Duan’s aggressive behaviour in the past of which there are quite a few examples?”
According to Gordon, vital evidence was not handed over to the magistrate by Ndlovu. This included the report by forensics in Pretoria as well as the outcome of the blood-alcohol tests. “Why go to all the trouble to ask for these reports to be done, if no-one even considered the possibility of using them as evidence in this case?
“It’s been almost a year since my child was killed by Duan Geldenhuys. The same day of my son’s death, Duan’s father came to fetch him and contacted me saying it was just an accident.”
Barberton Times has in our possession signed affidavits by people whom testified to places, times and occasions during which Geldenhuys was seen behaving aggressively. These include incidents such as breaking an ATM because it apparently ‘swallowed’ his card. We also have the same affidavits of Geldenhuys endangering the lives of other road users by making handbrake turns in the lane of oncoming traffic and damaging his vehicle because of said behaviour. According to these statements, the latter also happened on the night of the accident and it specifies that Geldenhuys did not proceed to the hospital after he left Coronation Park, but went on to the infamous pub, John Henry’s to socialise.
He insisted it was no accident and that the police did not do their work properly in charging Geldenhuys since he was not even locked up for drunken driving, or for the fact that he had caused his son’s death. “To this day he is still driving around and goes on with his life as if nothing had happened.” Gordon asked how Geldenhuys could even consider that he would accept money as compensation. “How can anyone put a price on the life of my child?
“What has the world come to if the legal system can be manipulated in such a way that a drunken, aggressive person responsible for the death of a 19-year-old who had his whole life in front of him, gets off with a slap on the wrist? I will not rest until justice is done.”
