Legal war over horror crash

The driver of the truck that killed 23 people when it ploughed through traffic at an intersection on Field's Hill, Durban, hitting a car and four fully-laden taxis on September 5, is at legal loggerheads with the owner of the vehicle he was driving.

Last week, the same lawyer - Theasen Pillay - represented both the driver, Sanele Goodness May, and Sagekal Logistics' Gregory Govender.

But that was before May alleged that he had been put behind the wheel of an unroadworthy vehicle.

More than 20000 people have subscribed to social network pages set up in support of May, and sympathisers have set up a fund to pay for his legal fees.

Govender yesterday failed to show up for a press conference he had called, saying he had received death threats.

In a statement prepared for May's bail application on October 8, May said he had driven only 10t trucks before being assigned to drive the 40t 18-wheeler from Durban to Johannesburg and back.

Govender said he hired May after the Swaziland driver passed a test.

Govender said: "He presented seemingly legitimate documents: a Code 14 driver's licence issued in Swaziland in February last year, a Swaziland passport, his South African traffic register number and a public driver's permit issued in Swaziland.

"Sanele also said he knew the routes from Durban to Johannesburg and had travelled [them] frequently."

Govender countered several claims that May made to his lawyers and to the media.

May said Sagekal Logistics told him to bypass the last toll plaza into Durban because the truck's licenc e and roadworthiness licence had expired.

But Govender responded that the company had a 21-day period in which to renew its expired licence and there was therefore no need to avoid tolls or the N3.

Govender gave invoices to the police that showed that the truck's brakes were serviced six days before the collision.

May said the vehicle's brakes started to fail while he was on the M13 and that he struggled to control the truck as it gained speed.

Govender said truck drivers were expected to drop down to a lower gear while descending Field's Hill because "brakes alone cannot bring the vehicle to a complete stop if this is not done".

Stan Bezuidenhout, an accident analyst hired by Govender, found the truck had been in fifth gear at the time of the crash.

May claimed he rolled down his window and shouted to drivers and pedestrians to get out of the way as he sped down the hill but, said Govender, photographs of the truck after the collision showed that the driver's window was fully closed.

Govender said he was haunted every day by "the image of my truck ploughing through that intersection" .