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Top Billing presenter Simba Mhere accident trial
- Thread starter Gozzy
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RogueTr00per
Honorary Master
Simba Mhere death crash: Prosecutor disputes driver was going 80km/h
More at: http://www.timeslive.co.za/entertai...sh-Prosecutor-disputes-driver-was-going-80kmh
More at: http://www.timeslive.co.za/entertai...sh-Prosecutor-disputes-driver-was-going-80kmh
RogueTr00per
Honorary Master
Another delay in trial of man accused of Simba Mhere's death
More at: https://www.timeslive.co.za/news/so...n-trial-of-man-accused-of-simba-mheres-death/
More at: https://www.timeslive.co.za/news/so...n-trial-of-man-accused-of-simba-mheres-death/
Expert excludes speed as cause of accident in Simba Mhere trial
Johannesburg – A specialist who testified in the Simba Mhere trial on Monday told the Randburg Magistrate's Court that the accident that led to Mhere's death was caused by mechanical problems and not speed.
The accident claimed the life of the 26-year-old Top Billing presenter and his friend, 29-year-old Kady-Shay O'Bryan when their car collided with Preshalin Naidoo's car on William Nicol Drive in Fourways, Johannesburg, in January 2015. Mhere's father survived the crash.
Naidoo, 24, faces two counts of culpable homicide and additional charges of reckless or negligent driving.
On Monday morning, IBF Investigations South Africa chief reconstruction expert Stanley Bezuidenhout, who compiled a report of the accident for the defence, took the stand.
In Naidoo's plea explanation, he stated that he lost control of his vehicle due to "unexpected mechanical defects".
"From the beginning, are you trying to say that there have been defects to the vehicle?" state prosecutor Dinesh Nandkissor asked Bezuidenhout.
"Correct," he replied.
Different estimate
Bezuidenhout testified that Naidoo's car was travelling at approximately 60km/h at the time of impact.
While Mhere's car was travelling at approximately 98km/h.
However, earlier in the trial, Car Track fleet manager Lorenz Stoger testified that Naidoo's car was travelling at approximately 166km/h when he off-ramped at William Nicol Drive and crashed into Mhere's car.
Bezuidenhout said they had a problem with the tracker report and that its estimate could have been off by 80%.
Magistrate David Mahango asked if Bezuidenhout was excluding speed as one of the factors of the collision.
"The probability of the cause of the accident lies much more with the mechanical default than speed," Bezuidenhout said.
Nandkissor argued that information on IBF Investigations' website was misleading and incorrect.
'We never tailor our findings'
He then read an extract titled "Expert Testimony" from the website to the court.
"Yet we have never testified in a matter where we have been proven to be wrong, where our side has lost (civil or criminal) or where we were discredited as experts," it read.
"How do you know that? Are you aware of the outcome of every single case you dealt with?" Nandkissor asked.
Bezuidenhout said he was only aware of the cases he had been given feedback on.
Defence attorney Francois Roets asked Bezuidenhout if the company tailors its findings.
"No, we never tailor our findings," he replied.
Mahango postponed the matter to January 15, for both sides to prepare heads of arguments.
News24
http://www.news24.com/SouthAfrica/N...use-of-accident-in-simba-mhere-trial-20171030
Johannesburg – A specialist who testified in the Simba Mhere trial on Monday told the Randburg Magistrate's Court that the accident that led to Mhere's death was caused by mechanical problems and not speed.
The accident claimed the life of the 26-year-old Top Billing presenter and his friend, 29-year-old Kady-Shay O'Bryan when their car collided with Preshalin Naidoo's car on William Nicol Drive in Fourways, Johannesburg, in January 2015. Mhere's father survived the crash.
Naidoo, 24, faces two counts of culpable homicide and additional charges of reckless or negligent driving.
On Monday morning, IBF Investigations South Africa chief reconstruction expert Stanley Bezuidenhout, who compiled a report of the accident for the defence, took the stand.
In Naidoo's plea explanation, he stated that he lost control of his vehicle due to "unexpected mechanical defects".
"From the beginning, are you trying to say that there have been defects to the vehicle?" state prosecutor Dinesh Nandkissor asked Bezuidenhout.
"Correct," he replied.
Different estimate
Bezuidenhout testified that Naidoo's car was travelling at approximately 60km/h at the time of impact.
While Mhere's car was travelling at approximately 98km/h.
However, earlier in the trial, Car Track fleet manager Lorenz Stoger testified that Naidoo's car was travelling at approximately 166km/h when he off-ramped at William Nicol Drive and crashed into Mhere's car.
Bezuidenhout said they had a problem with the tracker report and that its estimate could have been off by 80%.
Magistrate David Mahango asked if Bezuidenhout was excluding speed as one of the factors of the collision.
"The probability of the cause of the accident lies much more with the mechanical default than speed," Bezuidenhout said.
Nandkissor argued that information on IBF Investigations' website was misleading and incorrect.
'We never tailor our findings'
He then read an extract titled "Expert Testimony" from the website to the court.
"Yet we have never testified in a matter where we have been proven to be wrong, where our side has lost (civil or criminal) or where we were discredited as experts," it read.
"How do you know that? Are you aware of the outcome of every single case you dealt with?" Nandkissor asked.
Bezuidenhout said he was only aware of the cases he had been given feedback on.
Defence attorney Francois Roets asked Bezuidenhout if the company tailors its findings.
"No, we never tailor our findings," he replied.
Mahango postponed the matter to January 15, for both sides to prepare heads of arguments.
News24
http://www.news24.com/SouthAfrica/N...use-of-accident-in-simba-mhere-trial-20171030
RogueTr00per
Honorary Master
Pretty sickening if that's what's happening here
Simba Mhere case: Findings that accused drove reckless are insufficient, says lawyer
Johannesburg – The lawyer representing the man involved in an accident that claimed the lives of Top Billing presenter Simba Mhere and his friend Kady-Shay O'Bryan has rubbished testimonies that his client was driving at high speed when he collided with them.
"Even if the court can find that Naidoo exceeded the limit and lost control, the finding that he had driven the vehicle recklessly was insufficient," Preshalin Naidoo's lawyer Advocate François Roets argued on Monday.
Roets argued, with an almost empty Randburg Magistrate's Court gallery, that the bulk of evidence presented by the State could not sustain a conviction on any of the charges that Naidoo faced.
Mhere's vehicle collided with Naidoo's car on William Nicol Drive in Fourways, Johannesburg, in January 2015.
Mhere's father Joseph, who was also in the car, survived the crash.
'Guilt beyond reasonable doubt'
"The State should prove guilt beyond reasonable doubt," Roets added.
Twenty-four-year-old Naidoo appeared calm during proceedings.
Eye witnesses alleged that Naidoo told them he could not control his vehicle and that he fell asleep.
During his heads of argument on Monday afternoon, Prosecutor Dinesh Nandkissor told the court that the accident resulted because of high speed and not mechanical problems.
Nandkissor read out evidence from each witness.
He said Mhere's father had testified that he could not estimate the speed at which they were travelling prior to the collision.
He said his son was slowing down because the traffic light was red but he heard a loud noise.
His son and O'Bryan appeared motionless, Nandkissor said.
'What is this guy doing'
Nandkissor also said one of the eye witnesses, Mamokete Laka, testified that she was asleep at the time and was awakened by her brother who said, 'what is this guy doing' referring to Naidoo and then she heard a noise.
Nandikssor said despite the "overwhelming" testimonies, the accused still chose not to testify.
"It is he who could refute the claims. The court can conclude that the evidence is sufficient to prove the guilt of the accused," Nandkissor said.
"He [Naidoo] chose to remain silent and left it in the hands of [IBF Investigations South Africa chief reconstruction expert Stanley] Bezuidenhout to challenge the State," he said.
Bezuidenhout had previously testified that the accident that led to Mhere's death was caused by mechanical problems and not speed.
Naidoo faces two counts of culpable homicide and additional charges of reckless or negligent driving.
Nandkissor said he relied on Bezuidenhout to tell his side of the story.
Blaming mechanical defects
In Naidoo's plea explanation, he stated that he lost control of his vehicle due to "unexpected mechanical defects".
Bezuidenhout testified that Naidoo's car was travelling at approximately 60km/h at the time of impact.
While Mhere's car was travelling at approximately 98km/h.
However, earlier in the trial, Car Track fleet manager Lorenz Stoger testified that Naidoo's car was travelling at approximately 166km/h when he off-ramped at William Nicol Drive and crashed into Mhere's car.
Bezuidenhout said they had a problem with the tracker report and that it's estimate could have been off by 80%.
"The probability of the cause of the accident lies much more with the mechanical default than speed," Bezuidenhout said at the time.
The matter was postponed to January 31 for judgment.
News24
https://www.news24.com/SouthAfrica/...eckless-are-insufficient-says-lawyer-20180115
Johannesburg – The lawyer representing the man involved in an accident that claimed the lives of Top Billing presenter Simba Mhere and his friend Kady-Shay O'Bryan has rubbished testimonies that his client was driving at high speed when he collided with them.
"Even if the court can find that Naidoo exceeded the limit and lost control, the finding that he had driven the vehicle recklessly was insufficient," Preshalin Naidoo's lawyer Advocate François Roets argued on Monday.
Roets argued, with an almost empty Randburg Magistrate's Court gallery, that the bulk of evidence presented by the State could not sustain a conviction on any of the charges that Naidoo faced.
Mhere's vehicle collided with Naidoo's car on William Nicol Drive in Fourways, Johannesburg, in January 2015.
Mhere's father Joseph, who was also in the car, survived the crash.
'Guilt beyond reasonable doubt'
"The State should prove guilt beyond reasonable doubt," Roets added.
Twenty-four-year-old Naidoo appeared calm during proceedings.
Eye witnesses alleged that Naidoo told them he could not control his vehicle and that he fell asleep.
During his heads of argument on Monday afternoon, Prosecutor Dinesh Nandkissor told the court that the accident resulted because of high speed and not mechanical problems.
Nandkissor read out evidence from each witness.
He said Mhere's father had testified that he could not estimate the speed at which they were travelling prior to the collision.
He said his son was slowing down because the traffic light was red but he heard a loud noise.
His son and O'Bryan appeared motionless, Nandkissor said.
'What is this guy doing'
Nandkissor also said one of the eye witnesses, Mamokete Laka, testified that she was asleep at the time and was awakened by her brother who said, 'what is this guy doing' referring to Naidoo and then she heard a noise.
Nandikssor said despite the "overwhelming" testimonies, the accused still chose not to testify.
"It is he who could refute the claims. The court can conclude that the evidence is sufficient to prove the guilt of the accused," Nandkissor said.
"He [Naidoo] chose to remain silent and left it in the hands of [IBF Investigations South Africa chief reconstruction expert Stanley] Bezuidenhout to challenge the State," he said.
Bezuidenhout had previously testified that the accident that led to Mhere's death was caused by mechanical problems and not speed.
Naidoo faces two counts of culpable homicide and additional charges of reckless or negligent driving.
Nandkissor said he relied on Bezuidenhout to tell his side of the story.
Blaming mechanical defects
In Naidoo's plea explanation, he stated that he lost control of his vehicle due to "unexpected mechanical defects".
Bezuidenhout testified that Naidoo's car was travelling at approximately 60km/h at the time of impact.
While Mhere's car was travelling at approximately 98km/h.
However, earlier in the trial, Car Track fleet manager Lorenz Stoger testified that Naidoo's car was travelling at approximately 166km/h when he off-ramped at William Nicol Drive and crashed into Mhere's car.
Bezuidenhout said they had a problem with the tracker report and that it's estimate could have been off by 80%.
"The probability of the cause of the accident lies much more with the mechanical default than speed," Bezuidenhout said at the time.
The matter was postponed to January 31 for judgment.
News24
https://www.news24.com/SouthAfrica/...eckless-are-insufficient-says-lawyer-20180115
Mandrakemoomoo
Well-Known Member
- Joined
- May 13, 2008
- Messages
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he was such a nice guy, had such a cool conversation with him once. Kady was a super beautiful woman, I'm sure they are both sorely missed.
supersunbird
Honorary Master
I wonder what this mechanic defect was? Not being able to brake well enough for the speed he was going, perhaps the think that means faulty brakes?
Emotions run high as court recounts evidence in Simba Mhere case
More at : https://www.timeslive.co.za/news/so...-court-recounts-evidence-in-simba-mhere-case/
More at : https://www.timeslive.co.za/news/so...-court-recounts-evidence-in-simba-mhere-case/
Man who caused Top Billing's Simba Mhere's death found guilty
More at : https://www.timeslive.co.za/tshisa-...top-billings-simba-mheres-death-found-guilty/
More at : https://www.timeslive.co.za/tshisa-...top-billings-simba-mheres-death-found-guilty/
dlk001
Executive Member
The man who caused the death of Top Billing presenter Simba Mhere has been released on warning pending the release of a probation officer's report.
Preshalin Naidoo was on Wednesday found guilty of causing the death of Mhere and his friend Kady-Shay O'Bryan.
https://www.timeslive.co.za/tshisa-...enter-simba-mheres-death-released-on-warning/
The National Prosecuting Authority’s Phindi Mjonondwane says: “The test before court was whether Mr Preshalin Naidoo acted negligently and without due consideration of other road users which resulted in two fatalities.”
Preshalin Naidoo was on Wednesday found guilty of causing the death of Mhere and his friend Kady-Shay O'Bryan.
https://www.timeslive.co.za/tshisa-...enter-simba-mheres-death-released-on-warning/
The National Prosecuting Authority’s Phindi Mjonondwane says: “The test before court was whether Mr Preshalin Naidoo acted negligently and without due consideration of other road users which resulted in two fatalities.”
RogueTr00per
Honorary Master
What does that mean, "released on warning pending the release of a probation officer's report." ? So he might not serve any time?
No, he does not have to sit in jail till the next part of the trial in March
Sentencing in Simba Mhere car crash case postponed
Johannesburg - The sentencing of the man accused of killing Top Billing presenter Simba Mhere has been postponed to April 19 and 20.
The defence asked for the matter to be postponed because a report by the probation officer was incomplete.
Preshalin Naidoo, who was found guilty of culpable homicide following the death of Mhere in a car crash, appeared briefly in the Randburg Magistrate's Court on Friday. He was found guilty in January on two counts of culpable homicide, as well as negligent and reckless driving.
In his judgment previously, Magistrate David Mahango rejected Naidoo's entire defence.
He dismissed Naidoo's version of events that he was travelling at 61km/h at the time of the collision.
Naidoo's car tracker had recorded 37 incidents of him exceeding the speed limit. Minutes before the accident, Naidoo had been travelling at 210km/h.
News24
https://www.news24.com/SouthAfrica/News/sentencing-in-simba-mhere-car-crash-case-postponed-20180309
LazyLion
King of de Jungle
#SimbaMhere and #KadyShay’s killer sentenced to 10 years imprisonment
RANDBURG – Preshalin Naidoo is sentenced to 10 years imprisonment after being found guilty on two counts of culpable homicide.
Read More...
https://fourwaysreview.co.za/284221/simbamhere-kadyshays-killer-sentenced-10-years-imprisonment/
RANDBURG – Preshalin Naidoo is sentenced to 10 years imprisonment after being found guilty on two counts of culpable homicide.
Read More...
https://fourwaysreview.co.za/284221/simbamhere-kadyshays-killer-sentenced-10-years-imprisonment/