Humphreys 'had memory loss'
Image by: SHELLEY CHRISTIANS
The Cape Town taxi driver convicted for the murder of 10 children who were killed at a level crossing has blamed his lack of remorse on memory loss.
A stone-faced Jacob Humphreys looked unfazed as final arguments for and against a hefty sentence were made in the Cape Town High Court yesterday.
In December last year, Humphreys was found guilty of 10 charges of murder and four of attempted murder after the minibus taxi he was driving zig-zagged through the booms at the Buttskop level crossing, near Cape Town, in August 2010.
He crashed into an oncoming train. Only four pupils survived.
While the state argued for a severe sentence to be handed down, Humphreys said he could not explain why he failed to adhere to traffic signs at the crossing and his lack of remorse.
His counsel, Johann Engelbrecht, told the court that he could not recall the collision, but Judge Robert Henney had already rejected Humphreys' claim in his judgment as "convenient".
Engelbrecht told the court to consider Humphreys' age when handing down the sentence.
"I know that I'm on thin ice but I believe my argument must be taken to consideration, this was one action that led to the deaths; how fair is it that he is charged with 10 murders?" asked Engelbrecht.
"We must look at the circumstances that morning; he had been transporting the kids for years and loved them as his own."
Engelbrecht said Humphreys had also sent flowers to the victims' families which, according to him, was a sign of remorse.
Prosecutor Susan Galloway, however, argued that, had Humphreys loved the children, he would have acted responsibly.
Galloway submitted that Humphreys was not suitable for correctional supervision or a suspended sentence.
"Besides 10 dead children there were four others who survived who will live with physical and psychological consequences of this accident," said Galloway. "These children not only died but died a gruesome death . human potential lost forever."
Henney postponed the matter to Tuesday for sentencing.
An emotional mother of one of the victims swore at Humphreys as he left the court, while community members brandished placards calling for 10 life sentences for Humphreys.
Engelbrecht afterwards told journalists that prison sentences had no deterrent effect.
"If minimum sentences had a deterrent effect . why do we have the prison population that we have?"

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