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PE student’s family in tears as drunk-driving charge dropped

schumi

Honorary Master
Joined
Mar 26, 2010
Messages
19,141
#1
The family of a Nelson Mandela University student killed in an alleged drunk-driving accident wept bitterly yesterday when they heard the blood test kit used on the accused had expired the month before the tragic crash.

The news was delivered after the devastated family of Jamie Baartzes, 19, had listened to an anguished witness speaking to the 10111 call centre minutes after the fatal accident on the M4 freeway near the Russell Road turnoff in March 2016.

The call by state witness Izak Nell had many in tears, with one family member walking out of the courtroom weeping as Nell described seeing an accident where one vehicle was travelling on the wrong side of the freeway.

But the case against Amos Sinyanya, 30, was dealt a severe blow when – shortly after the state closed its case – his attorney, Zolile Ngqeza, asked that the drunk-driving charge be withdrawn on the basis that the blood test kit had already expired when it was used to test his client.

State witness Sabelo Ncwane, an analyst from the SAPS forensic lab in Durban, told the court when he tested Sinyanya’s blood sample it showed he was nearly three times over the legal limit.

His blood alcohol level was 0.14mg to 100ml of blood – the legal limit is 0.05mg.

Ncwane submitted a document to court containing details of the test kit, including serial numbers and the expiration date, which was February 2016.

Baartzes – an education student – was killed on March 14 2016 when Sinyanya hit her Chevrolet Spark head-on with his BMW 320i while allegedly driving on the wrong side of the freeway.

She was on her way to her Sunridge Park home after a late-night study session, while Sinyanya was allegedly driving under the influence after he left Parliament Street in Central.

Ncwane told the court he did not know if the fact that the test kit had expired would have influenced the blood alcohol reading.

“I don’t know if it would have an impact on the sample – the expiration is only for the sterilised needle,” he said.
More at: http://www.heraldlive.co.za/news/2018/03/13/pe-students-family-tears-drunk-driving-charge-dropped/
 
Last edited:

Voicy

Honorary Master
Joined
Sep 19, 2007
Messages
10,554
#3
Hope they throw the book at the officer who carried out the testing.

Too many skelms getting off on technicalities.
 

supersunbird

Honorary Master
Joined
Oct 1, 2005
Messages
43,547
#4
If it was my family member who died... lets just say Amos Sinyanya would beg to stay in jail for a long time.
 

Quicks

Well-Known Member
Joined
May 29, 2017
Messages
270
#5
Still drove in the wrong side of the road and killed someone, so he should still go to prison?
 

TysonRoux

Expert Member
Joined
Aug 7, 2012
Messages
2,690
#6
Still drove in the wrong side of the road and killed someone, so he should still go to prison?
The unfortunate part is that its very difficult to prove that it was not an honest mistake, and we don't send people to jail for mistakes or error of judgment.

Yes, we all know it's because he was in a drunken stupor, but the court cannot consider now that the blood evidence was rejected.
 

ToxicBunny

Honorary Master
Joined
Apr 8, 2006
Messages
71,224
#7
It’s very easy to prove it wasn’t an honest mistake, there is a concrete barrier in the middle of the freeway...
 
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