The minibus driver who slammed into a vehicle, killing four teenagers in 2017, was sentenced today, Wednesday, 24 July, in the Roodepoort Magistrates’ Court.
Thabo Modikoane was sentenced to 10 years for culpable homicide and 12 months for reckless driving.
Magistrate Delize Smith also said he is not fit to possess a firearm. His sentences will run concurrently.
Read the initial article here:
https://www.citizen.co.za/roodepoort-record/2017/08/26/breaking-horrific-accident-ontdekkers-road-last-night/
Modikoane was found guilty on all the charges in February; however, he was not found guilty on a charge of drunken driving because he was never tested. This followed reports that he reeked of alcohol at the time of the accident.
When the court proceedings started, Mrs Malick, the mother of one of the deceased, who was in the same car which was being driven by her husband, took the stand and said not only were her children taken away from her, but she is also left in pain as her ankle was crushed in the accident.
“The longer they are gone, the harder it becomes. There is a silence in my house where there used to be laughter. My daughter is now suffering from depression. We were robbed of our children and possibly our grandchildren. No matter how hard we try, it will never erase the loss of our children,” said the mother of Maleeha Malick, who broke down in tears as she was speaking.
She also stated that the accused does not show remorse and has never even apologised, which the Defence disputed, saying that Modikoane is remorseful. He said the accused could not look at the family because it would seem like he was showing disrespect to them or ‘challenging’ them.
The Defence addressed the Court and asked that the magistrate be considerate in the sentence being handed down.
“The accused was a 23-year-old at the time of the incident and the Defence asks the Court to take this into consideration. He is a first-time offender and took responsibility for what occurred on the day as he pleaded guilty to all charges,” argued the Defence.
Also Read:
https://www.citizen.co.za/roodepoort-record/2018/09/27/teentragedy-case-postponed/
When the State delivered its final statement, it said, “The personal circumstances of the victims have been placed before the Court. The State has established negligence on the part of the accused. His age has been placed before the court. His conduct cannot be excused, as Ontdekkers Road is one of the busiest roads in the area and quite a number of times, incidents did take place due to the negligence of others.”
The Court handed down a sentence which in its opinion is suitable, and said, “The Court is not bound by any recommendation made by a social worker or family member.”
Speaking to the parents after the court proceedings, the father of Liam Gannas (the fourth victim) said, “I lost my son who was 15 years old at the time of the incident. I think the judgment was a bit lenient on the accused because he killed four children.”
We then spoke to the emotional mothers of Maleeha Malick and the twins (Kyle and Keanu de Silver), who said they don’t believe that the sentence that was handed down to Modikoane is enough.
“It really does not stop here, we will open another case against him because I lost my only children and I feel that justice has failed us. Ten years is really not enough for what he has done, what he has done is an offence which is committed daily. Whatever sentence that was given will never bring back our children. He has damaged our families, I just hope in some way he can feel remorse for what he has done,” they said.
The Record approached the Modikoane family for comment, but they declined to speak to us.
