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Fri May 24 21:10:50 SAST 2013

Judge concludes summing up Jub Jub evidence

Sapa | 12 October, 2012 14:14
Hip-hop musician Molemo 'Jub Jub' Maarohanye, in brown jacket, and co-accused Themba Tshabalala during their trial in the Protea Magistrate's Court. File photo.
Image by: MOHAU MOFOKENG / Sowetan

The Protea Magistrate's Court has concluded summing up the evidence of witnesses in the murder trial of musician Molemo "Jub Jub" Maarohanye and Themba Tshabalala.

Magistrate Brian Nemavhidi then adjourned proceedings for lunch, and asked the prosecuting team and the lawyers of the accused to meet him in his chambers.

In the morning, proceedings started with the Soweto court listening to transcripts from Thursday to determine if the sound of the rain had affected the quality of the recordings.

The matter was postponed on Thursday when it began to rain.

Maarohanye and Tshabalala were allegedly drag-racing in Mdlalose Street, Protea North, on March 8, 2010 when they crashed into a group of schoolchildren.

Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola were killed. Frank Mlambo and Fumani Mushwana were seriously injured.

Maarohanye and Tshabalala are charged with murder, reckless driving, driving under the influence of drugs and alcohol, and failing to assess the injuries of the victims. Both accused pleaded not guilty to all the charges.

The courtroom was packed with some people having to stand.

Maarohanye, dressed in a velvet suit, and Tshabalala, in a dark suit, looked at Nemavhidi as he recalled evidence given in the trial that started in 2010.

Halfway through the morning's proceedings, a police officer was sent to check on Maarohanye as he sat with his head down. He signalled that he was fine and sat up.

Nemavhidi started handing down judgment on Wednesday, summarising the testimony of 20 witnesses.

The court recalled how both Maarohanye and Tshabalala blamed each other for the accident. Maarohanye was sure his car had not hit the children while Tshabalala said he was not sure.

Evidence about drug usage was recounted and how, despite both saying they had not used drugs prior to the accident, morphine and cocaine was found in their systems.

An accident reconstruction expert concluded that the accident was caused due to over-steering, and the severity of the accident could have been avoided if they had kept to the 60km/h speed limit.

Friends and family of the schoolchildren, and of Tshabalala and Maarohanye, were present.

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