The Chiyabu Hummer Driver Case

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The case against a Hummer driver found guilty of culpable homicide after crashing into three motorcyclists, killing two and injuring one, was postponed in the Pretoria North Regional Court on Thursday.

Magistrate Ben van Schalkwyk postponed the matter until April 22 following a request by lawyer Makhi Nogaga, representing Zambian national Indi Himalindi Chiyabu, 31.

Nogaga told the court he was newly appointed to represent Chiyabu and needed time to get transcripts of previous court sessions and to be fully briefed on his client's argument in the sentencing process.

Last month, the court found Chiyabu guilty on two charges of culpable homicide and for leaving the scene of an accident and failing to report it.

On Thursday, the court was scheduled to hear arguments in mitigation and aggravation of Chiyabu's sentence.

Nogaga said he was "incapacitated" to present the arguments and would need time to prepare.

The defence had received a probation report only on Thursday morning, he said.

State prosecutor Tania Carstens said she understood the defence's position and did not oppose the request for a postponement.

However she said Thursday's request for a postponement should be the last as there were many parties hoping for the closure of the case.

"We have a lot of families and friends all concerned with this matter. It is important that we finalise this matter, even for the accused. We also know that the matter has attracted a lot of media attention," she said.

Numerous members of the Christian Motorcyclists Association SA were in the packed courtroom on Thursday.

Chiyabu crashed into the motorcyclists on Rachel de Beer Road in Pretoria in October 2010. The Hummer caught fire and Chiyabu fled the scene. He handed himself over to police only a few days later.

Two of the motorcycles also caught fire after the collision.

Pieter Coetzee and JP Kruger, who were members of the Christian Motorcyclists Association SA, died at the scene.

Coetzee's son Pieter jnr was seriously injured, losing a leg in the accident.

In previous proceedings, Van Schalkwyk said that in his opinion the motorcyclists could not have avoided the Hummer and Chiyabu was entirely responsible for the crash.


Source : Sapa /jm/fg/dd/jk
Date : 14 Mar 2013 12:30
 
Last edited:
daveza said:
Based on Humphreys and JubJub he should get a 20 year sentence.
Click to expand...

They were convicted of murder. This guy only got culpable homicide.

Funny how it looks to me that if you kill kids with a vehicle you get charged with murder. Based on those 2 cases of course.
 
Johannesburg - The driver of a Hummer vehicle which crashed into three motorcyclists in October 2010, killing two and causing a third to lose a limb, has pleaded not guilty in the Pretoria North District Court.

Indi Himalindi Chiyabu, 31, is charged with murder, reckless driving, leaving the scene of an accident and failing to report it.
Click to expand...

I must have missed when the charges were reduced.

And as far as I know this p.o.s. did not have a license at the time either.
 
Ninja'd said:
They were convicted of murder. This guy only got culpable homicide.

Funny how it looks to me that if you kill kids with a vehicle you get charged with murder. Based on those 2 cases of course.
Click to expand...

A few other differences. Drugs, racing etc. And perhaps (I hate saying this) the race of the victims (although that can be doubted).
 
Hummer Driver Offers Payout

A man convicted of culpable homicide after crashing into three motorcyclists, killing two of them and injuring one, has offered to pay the victims' families compensation, it was reported on Tuesday.

Indi Hamalindi Chiyabu had offered R700,000 and was willing to negotiate a "six figure amount", The Pretoria News reported.

Chiyabu's lawyer Makhi Nogaga reportedly asked the Pretoria North Regional Court to intervene in the negotiations between him and the families.

However magistrate Ben van Schalkwyk said the court was not in a position to make such an order, as it was not familiar with the families' circumstances, the newspaper reported.

Chiyabu crashed into the motorcyclists on Rachel de Beer road, Pretoria, in October 2010 while driving a Hummer. The vehicle caught fire and Chiyabu fled the scene. He handed himself over to the police a few days later.

Two of the motorcycles also caught fire after the collision. Pieter Coetzee and JP Kruger, both members of the Christian Motorcyclists' Association SA, died at the scene.

Coetzee's son Pieter jun. lost a leg in the accident.

Argument in aggravation of Chiyabu's sentence will be heard next month.


Source : Sapa /jm/clh
Date : 23 Apr 2013 09:18
 
IMO, When you're involved in an accident (whether a genuine accident or not), you stop being innocent the moment you flee the scene. He should sit in jail AND pay.
 
Hummer Driver back in court today

Argument in aggravation of Indi Hamalindi Chiyabu Chiyabu's sentence will be heard in the Pretoria North Regional court on Thursday.

Chiyabu was convicted of culpable homicide after crashing into three motorcyclists, killing two of them and injuring one.

It was also reported in the Pretoria News last month, that he offered to compensate the victims' families with a negotiable R700,000 payout.

Chiyabu's lawyer Makhi Nogaga reportedly asked the court to intervene in the negotiations between him and the families.

However magistrate Ben van Schalkwyk said the court was not in a position to make such an order, as it was not familiar with the families' circumstances, the newspaper reported.

Chiyabu crashed into the motorcyclists on Rachel de Beer road, Pretoria, in October 2010 while driving a Hummer.

The vehicle caught fire and he fled the scene.

He handed himself over to the police a few days later.

Two of the motorcycles also caught fire after the collision. Pieter Coetzee and JP Kruger, both members of the Christian Motorcyclists Association SA, died at the scene. Coetzee's son Pieter lost a leg in the accident.


Source : Sapa /mom/ks/mm
Date : 23 May 2013 02:02
 
Hummer Driver Irresponsible: State

The Hummer driver who crashed into three motorcyclists, killing two and causing a third to lose a limb, was irresponsible, the Pretoria North Regional Court heard on Thursday.

Submitting evidence in aggravation of the sentencing of Zambian Indi Himalindi Chiyabu, prosecutor Tanya Carstens called for a stiff jail term.

"He was entrusted to drive the expensive vehicle of his mother, and was someone who had been entrusted with a driver's licence by the authorities," she said.

"An expert testified that when the accident happened, the accused did not have control over the vehicle. He left the scene in contravention of the law and only handed himself in five days after."

Chiyabu was using a Zambian driver's licence at time of the accident, on Rachel de Beer Road, Pretoria, in October 2010. The Hummer and two of the motorcycles caught fire, and Chiyabu fled the scene.

Pieter Coetzee, 49, and JP Kruger, 32, died at the scene. Coetzee's son Pieter survived, but had to have a leg amputated.

Carstens said road accidents and carnage were rampant in South Africa and the court had to impose a firm punishment which would serve as a deterrent to other road users.

She submitted figures released by Transport Minister Ben Martins after the 2013 Easter holidays, showing that at least 241 people had died in 201 road accidents.

According to Carstens, he said the figures were higher than those of the previous year, when there were 217 deaths in 181 accidents.

In February, Chiyabu was found guilty on two counts of culpable homicide, instead of murder.

The court found it could not be proved beyond a reasonable doubt that he intended to kill the two motorcyclists.

The cyclists were members of the Christian Motorcyclists' Association SA.

Several of its members, and Coetzee, were in court on Thursday.

In previous proceedings, magistrate Ben van Schalkwyk said in his opinion the motorcyclists could not have avoided the Hummer, and that Chiyabu was entirely responsible for the crash.

During arguments in mitigation of sentence, Chiyabu's lawyer Makhi Nogaga described the accident as a tragedy.

"We concede that a tragedy that has cost lives and left a young man without a limb has occurred. It is an undesirable situation: death is irreversible."

However, Chiyabu should not be punished for the offences of other drivers who contributed to the rising road death toll, he submitted.

"The sins of this country must not be inflicted on this young man. He must be punished for his own."

He told the court there had been no agreement regarding Chiyabu's offer of a financial settlement to those affected by the accident.


Source : Sapa /jm/fg
Date : 23 May 2013 16:07
 
Hummer Driver to learn fate soon

The Hummer driver who crashed into three motorcyclists, killing two and causing a third to lose a limb, will be sentenced later this month.

Pretoria North Regional Court Magistrate Ben van Schalkwyk said on Thursday Zambian national Indi Himalindi Chiyabu would be sentenced on May 31.

Submitting evidence in aggravation of Chiyabu's sentence, prosecutor Tanya Carstens called for a stiff jail term.

"He was entrusted to drive the expensive vehicle of his mother, and was someone who had been entrusted with a driver's licence by the authorities," she said.

"An expert testified that when the accident happened, the accused did not have control over the vehicle. He left the scene in contravention of the law and only handed himself in five days after."

Chiyabu was using a Zambian driver's licence at time of the accident, on Rachel de Beer Road, Pretoria, in October 2010. The Hummer and two of the motorcycles caught fire, and Chiyabu fled.

Pieter Coetzee, 49, and JP Kruger, 32, died at the scene. Coetzee's son Pieter survived, but had to have a leg amputated.

Carstens said road accidents and carnage were rampant in South Africa and the court had to impose a firm punishment which would serve as a deterrent to other road users.

She submitted figures released by Transport Minister Ben Martins after the 2013 Easter holidays showed that at least 241 people had died in 201 road accidents.

According to Carstens, he said the figures were higher than those of the previous year, when there were 217 deaths in 181 accidents.

In February, Chiyabu was found guilty on two counts of culpable homicide, instead of murder. The court found it could not be proved beyond a reasonable doubt that he intended to kill the two motorcyclists.

The cyclists were members of the Christian Motorcyclists' Association SA. Several of its members -- and Coetzee -- were in court on Thursday.

In previous proceedings Van Schalkwyk said in his opinion the motorcyclists could not have avoided the Hummer, and that Chiyabu was entirely responsible for the crash.

During arguments in mitigation of sentence, Chiyabu's lawyer Makhi Nogaga described the accident as a tragedy.

"We concede that a tragedy that has cost lives and left a young man without a limb has occurred. It is an undesirable situation: death is irreversible."

However, Chiyabu should not be punished for the offences of other drivers who contributed to the rising road death toll, he submitted.

"The sins of this country must not be inflicted on this young man. He must be punished for his own."


Source : Sapa /jm/hdw/dd/th
Date : 23 May 2013 16:09
 
Sentencing Expected today

A Hummer driver who crashed into three motorcyclists, killing two and causing a third to lose a limb, will be sentenced by the Pretoria North Regional Court on Friday.

Prosecutor Tanya Carstens has called for a stiff jail term for Indi Himalindi Chiyabu, a Zambian.

"An expert testified that when the accident happened, the accused did not have control over the vehicle. He left the scene in contravention of the law and only handed himself in five days after," she told the court last week.

She said road accidents and deaths were rampant in South Africa and the court had to impose a punishment which would serve as a deterrent to other road users.

Chiyabu fled after the accident, in which the Hummer and two of the motorcycles caught fire, in Rachel de Beer road, Pretoria, in October 2010.

Pieter Coetzee, 49, and JP Kruger, 32, died at the scene. Coetzee's son Pieter survived, but had to have a leg amputated.

Chiyabu was found guilty of two counts of culpable homicide in February.

Arguing in mitigation of sentence, Chiyabu's lawyer Makhi Nogaga described the accident as a tragedy, but said he should not be punished for the offences of other drivers who contributed to the rising road death toll.

"The sins of this country must not be inflicted on this young man. He must be punished for his own," he told the court.


Source : Sapa /mv/clh
Date : 31 May 2013 02:01
 
http://www.enca.com/south-africa/reckless-hummer-driver-gets-six-years

Pretoria - The Hummer driver who crashed into a group of motorcyclists, killing two and causing a third to lose a limb, will serve an effective six years in jail.

Pretoria North Regional Court Magistrate Ben van Schalkwyk on Friday sentenced Zambian national Indi Himalindi Chiyabu to two nine-year terms on two culpable homicide counts.

Three years of each sentence were suspended for five years, and the two sentences would be served concurrently.

Van Schalkwyk also sentenced Chiyabu to a further 18 months' imprisonment for contravening road traffic legislation.

The 18-month prison term would also run concurrently with the initial two sentences.
Click to expand...

3 years for each life taken. :mad:
 
The Hummer driver who crashed into motorcyclists in 2010, killing two and causing a third to lose a limb, was jailed for six years on Friday.

Pretoria North Regional Court Magistrate Ben van Schalkwyk sentenced Zambian national Indi Himalindi Chiyabu to two nine-year terms on two culpable homicide counts.

Three years of each sentence were suspended for five years, and the two sentences would be served concurrently.

Van Schalkwyk also sentenced Chiyabu to a further 18 months' imprisonment for contravening road traffic legislation.

Chiyabu fled the scene shortly after the accident and did not report it to police, in contravention of the law. He handed himself to the authorities five days later.

The 18-month prison term would also run concurrently with the initial two sentences.

The magistrate said he was convinced Chiyabu was a reckless driver and had caused the accident and the subsequent deaths of the motorcyclists.

Chiyabu was apparently driving in the wrong lane, facing oncoming traffic when the accident occurred.

"All over the country, people are dying on the roads because of people who drive without the necessary care. The accused clearly did not keep a proper look-out," said Van Schalkwyk.

"According to photographs of the accident scene, visibility was good outside the car. The court is satisfied that the accused caused the death of the two deceased in a reckless manner."

In passing sentence, Van Schalkwyk said he had considered numerous factors, including the prevalence of culpable homicide in South Africa, Chiyabu's personal circumstances, and the severity of the crime.

"With regards to culpable homicide, it is a prevalent crime in South Africa. A lot of accidents are being reported in the news media every week," he said.

Van Schalkwyk suspended Chiyabu's Zambian-issued international driving licence from use in South Africa.

The accident occurred on Rachel de Beer Road, Pretoria, in October 2010.

The Hummer and two of the motorcycles caught fire.

Pieter Coetzee, 49, and JP Kruger, 32, died at the scene. Coetzee's son Pieter survived, but had to have a leg amputated. The wheelchair-bound amputee was in court on Friday, accompanied by relatives.

Chiyabu was found guilty on the two counts of culpable homicide in February.

Shortly after the sentence on Friday, Chiyabu's lawyer Makhi Nogaga brought an application for leave to appeal and for bail to be granted pending the appeal process.

"The trial became unfair to the accused. The constitutional issue in this case has to be tested at least by the High Court, and ultimately by the Constitutional Court," he said.

"Without seeming to disrespect the judgment, we are of the opinion that a different court may reach a different conclusion on this matter."

Van Schalkwyk granted leave to appeal, but declined the application for bail sought pending the appeal process.

He said even though Chiyabu's travel documents were in police possession, it was possible that the man who hails from Lusaka would "disappear".

"The accused can return to Zambia where he has three kids. He can go somewhere in Polokwane, his mother has a farm there. It is easy, people disappear in South Africa," said Van Schalkwyk.


Source : Sapa /jm/hdw/dd/jk
Date : 31 May 2013 15:02
 
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