The carnage on our roads cannot be allowed to continue and ordinary road users are sick and tired of the reckless behaviour seen on our roads. These were the words of Magistrate David Mahongo of the Randburg Magistrates’ Court as he passed sentence on Preshalin Naidoo who was responsible for the deaths of TV presenter Simba Mhere and his friend Kady Shay-O’Bryan.

In January, Mahongo found Naidoo guilty on two counts of culpable homicide after the court had found that he recklessly caused the deaths of the two deceased persons.

Naidoo was the driver of the vehicle that caused the crash in which Mhere and O’Bryan tragically lost their lives.

The accident occurred in the early hours of 31 January 2015 on William Nicol Drive in Fourways.

Mahongo told Naidoo that he was found guilty of a serious crime – two counts of culpable homicide. The magistrate said the crime committed by Naidoo was very prevalent on our roads. “Road users don’t feel safe. Families, friends and colleagues were left traumatised by the death of the two.” He added that the court could not disregard the carnage on our roads. The road users expect the court to protect them. Mahongo said the fact that Naidoo was a first-time offended weighed heavily in his favour and said he had a chance to be rehabilitated. “I cannot understand what influenced him to drive so recklessly.”

Mahongo sentenced Naidoo to 10 years’ imprisonment.

Earlier, Naidoo’s counsel, Advocate Francois Roets told the court that imprisonment was not a suitable sentence for Naidoo. Roets said prisons are a place where crime is nurtured. He said his client will be exposed to hard-core criminals if imprisoned, while he is not a criminal.

“Correctional supervision will be appropriate because he (Naidoo) is a young man, first-time offender and is an economically active citizen who will contribute to the fiscus as he is permanently employed,” said Roets.

He continued, “The term of incarceration will be inappropriate. It will not ease anyone’s memory, including himself.” Roets also told the court how South African prisons are overcrowded, highlighting that this would make rehabilitation impossible. He said his client posed no threat to society.

On the other hand, state prosecutor Dinesh Nandkissor objected to a suspended sentence or correctional supervision, as suggested by the defence.

Nandkissor said the suggested sentences by the defence would send out a wrong message. “The accused was found guilty of causing the deaths recklessly. He was not driving on a test/race track, he was driving on a public road at a speed of 166km/h.”

The prosecutor also told the court how Naidoo had failed to take responsibility for his actions. “The accused paid professionals to testify on his behalf, from the trial to the sentence. If he was genuinely remorseful he could have taken the witness stand to say ‘I’m sorry’.”

Nankissor said the court must impose a sentence that will ensure that society doesn’t lose faith in the courts. “When society loses faith in our courts, it is then that we will see a rise in acts of vigilantism, mob justice, and kangaroo courts.”

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