Upon confirming this, Magistrate Brian Nemavhidi was asked by the State to also close the case against Maarohanye.

The magistrate did so provisionally last week, pending the testimony of an expert witness in his defence.

Maarohanye's defence wanted to call an IT expert to challenge the authenticity of cellphone video footage presented by the State earlier in the trial.

Prosecutor Raymond Mathenjwa told the court on Monday that the video evidence was presented in May 2011, and the court granted Maarohanye's application to bring his own expert on July 13, 2011.

"The State is filing a notice that, given the time afforded to accused one [Maarohanye], he had a year and despite all the resources made available by the State, he was passive," said Mathenjwa.

"The family of the deceased need closure, they have been here since we started."

Ike Motloung, for Maarohanye, replied: "This is a clumsy attempt by the State to block crucial evidence."

Motloung argued the trial had been going on for a long time, with the State taking about 80 percent of the time.

"The case is hanging on a string. I want to finalise the matter," Nemavhidi said as he stood the matter down for a few minutes.

He called the State and defence into his chambers.

Maarohanye and Tshabalala face charges of murder, attempted murder, and driving under the influence of alcohol and drugs. They were allegedly racing their Mini Coopers when they crashed into a group of school children along Mdlalose Street, in Protea North, on March 8, 2010. Four boys were killed and two others seriously injured.

On Monday, the State said Tshabalala's evidence could be thrown out, and accused him of not telling the truth about the accident.

Mathenjwa said Tshabalala's lawyer did not object to the testimony presented by other witnesses and said the State would not accept his testimony.

Last week, while giving evidence led by defence lawyer Mlungiseleli Soviti, Tshabalala said he would admit to hitting a group of schoolchildren.

Soviti asked him if evidence by Maarohanye and previous witnesses that he caused the accident was true.

"It's not true... I am certain that it's not true [that my car hit Maarohanye's car]," Tshabalala told the court.