Preshalin Naidoo, the man who is charged with two counts of culpable homicide in connection with the deaths of Simba Mhere and Kady-Shay O’Bryan is currently standing trial in the Randburg Magistrates Court.
Family members of Naidoo showed their support by showing up in numbers at the court today (6 July). Mhere’s mother was also in court.
The case was last heard on 1 April. State Prosecutor Dinesh Nandkissor explained to Magistrate David Mhango that there has been certain issues which caused the case to be delayed until 11.am today.
Thabiso Laka testified that they were driving on William Nicol Drive, coming back from church travelling towards Monte Casino. He was in the front passenger seat in his mother Valry Laka’s vehicle (a Mazda 2) which was involved in the collision on 31 January 2015.
“We were about to turn onto the N1 to go home… the robot was red, we were slowing down to stop,” said Laka.
They were in the second turning lane and only one vehicle (Mhere’s vehicle, a Mitsubishi) was in front of them which was also slowing down with them as they approached the robots. “I saw a car (a white Polo GTI) coming from across. It hit the barrier and then crashed into my mother’s car from the side,” said Laka.
“I shouted to my mom, ‘what is happening’…there was smoke coming out of the car that had crashed into us and the other car.”
Laka said he, his sister, his mother and his younger brother got out of the vehicle for fear of a possible fire.
“He [Naidoo] was about two steps away from us when he said ‘sorry’ and I could smell alcohol on him,” Laka testified.
He added that Naidoo’s parents came to get his belongings out of his vehicle and that was when he saw a bottle of Smirnoff vodka being removed from his vehicle. Defense Advocate Francois Roets objected because the charge against Naidoo was not for driving under the influence and it is therefore irrelevant.
Nandkissor retorted that Laka is merely stating what he saw and his recollection of the events. Mhango said he understood Roets’ objections but allowed Laka to continue.
Roets raised his objections again after Nandkissor requested that Laka (must) have a copy of his police statement. He argued that it
could sway him in his testimony and that it is a ‘gross irregulation’. Laka was excused from court as the debate continued.
