N12 truck driver had already been found guilty of reckless driving, culpable homicide

16 October 2014 - 19:37 By Sapa
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HORROR PRANG: A body is removed from the wreckage yesterday. At least four people were killed and scores injured in the pile-up near the N12's Voortrekker Road offramp.
HORROR PRANG: A body is removed from the wreckage yesterday. At least four people were killed and scores injured in the pile-up near the N12's Voortrekker Road offramp.
Image: ALON SKUY

The driver of the truck that ploughed into almost 50 vehicles in early morning traffic on the N12 East near Alberton was a repeat offender, the Palm Ridge Magistrate's Court heard on Thursday.

Isaac Wade Maruding had been arrested for reckless and negligent driving in 1996. A year later, he was sentenced to 18 months in prison for the crime but his jail term was suspended for four years.

In 1999, he was arrested and convicted of culpable homicide. His conviction invoked the suspended sentence he had received in 1997 and he subsequently spent 18 months behind bars.

The incidents were alleged to have occurred in Viljoenskroon in the Free State.

Prosecutor John Ntuli revealed the details of Maruding's previous convictions during his first court appearance after the deadly crash that occurred on Tuesday.

The State wanted to find out if any action was taken against Maruding's licence following his convictions.

"Since he has previous convictions, this a schedule five matter," Ntuli told the court.

Dressed in blue overalls, Maruding tried to hide from the media.

He kept his face lowered at all times and kept his jacket pulled over his head, even when he stood up to address the magistrate.

Maruding's truck smashed into dozens of cars near Voortrekker road on Tuesday.

Two people died on the scene while two others died in hospital. Sixteen others were injured.

Gauteng transport MEC Ismail Vadi described this as perhaps the worst crash the province had ever had.

Authorities who were at the scene reported that Maruding claimed his brakes had failed.

Ntuli, however, told the court that Maruding was not found on the scene.

"He left the site of the accident... He was arrested in Potchefstroom," said Ntuli.

"It needs to be established whether he ran away or what... Why did he not immediately go to the police station?" asked Ntuli.

Maruding's lawyers, Gerhard Louw and Deon van Staden, who were appointed by Benusi Cargo Carriers -- the trucking company he worked for --attempted to apply for bail on Thursday .

Ntuli opposed their application.

"We are going to oppose this bail, especially for the fact that he absconded from the scene," said Ntuli.

"And today was not set down for bail but for a bail appearance," he said, adding that the State needed to gather more information for the bail application.

Louw told the court he and Van Staden were unsure whether they would continue representing Maruding going forward.

"We have not received instructions to proceed," Louw said.

The court asked for direction from Maruding. He told the court he would appoint his own lawyers for his bail application.

Louw and Van Staden then withdrew from the case.

Asked whether he would apply for legal aid or bring in his own lawyer, Maruding said he was unsure.

"It is difficult to make a decision now because I was under the impression that I already had lawyers," the Sotho-speaking man said through an interpreter.

He had until his next court appearance on October 22 to secure a lawyer and prepare for his bail application.

Maruding is facing four charges of murder and a single charge of culpable homicide. Ntuli indicated that more charges could be added

Speaking after the accident on Tuesday, Transport Minister Dipuo Peters called for action to be taken against the truck owners if it was found that their truck was in fact faulty.

"I urge for the harshest possible punishment to be meted out against the offenders," Peters said in a statement.

"The owner of the truck should be brought to book should it be absolutely ascertained that the truck was mechanically defective," she said.

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