Relief as teacher is acquitted for dangerous driving

Lebogang Baingapi | Monday September 28, 2015 16:32

 

On the previous day, the prosecution brought a vehicle Inspector, Modiegi Motladiile, who testified that he inspected the car after the accident and ruled out the possibility of a tyre burst. Though the accused had said the left rear tyre was torn on the inner side and he availed pictures, Motladiile disputed that and affirmed that the car had no visible mechanical fault.

Another witness, Sergeant David Kaisara, said he received a report of an accident that happened at Motlhalawakgomo settlement along the Kanye-Jwaneng road on March 11, 2014. He said upon arrival at the scene the accused person introduced himself as the driver of the car which had overturned with him and other four passengers who were already rushed to the hospital.

Kaisara said the accused said he suspected a tyre burst but there was no sign of tyre burst on the tarred road.

Kaisara said the only tyre which was torn was the left rear one, probably due to flipping and lending with the said tyre first. He added that he went to check other passengers at the hospital and he found Moshanga in a critical state and after some hours he received a call informing him that he has passed on.

“His postmortem was conducted on May 15 and it indicated some chest injuries,” he added.

During cross-examination, Kaisara said he suspected that the accused was driving at a high speed of 120km/hr after it had rained heavily that day. He said there was a possibility that the driver lost control of the vehicle and it overturned.

The accused admitted statements of other witnesses and the two witnesses who testified, did not prove he drove dangerously. Magistrate Abigail Masawi also said Kaisara was of the opinion that the accused was driving at a high speed and highly dangerous which he failed to authenticate. In conclusion she said the state failed to discharge its duty of proving beyond reasonable doubt that the accused indeed was driving dangerously but they kept defending that he did not have a tyre burst. She thus discharged and acquitted the accused.

Still in court, the prosecution was disappointed after preparing facts of the case for Gaolatlhe Ramogagabane and Letlhogonolo Batshegi and offloading goods and cash they wished to tender as exhibits. In a turn of events, the accused changed their pleas and pleaded not guilty to stealing from a shop.

After statement of facts were read to them, Ramogagabane disagreed with the facts and distanced himself from the offence arguing that he was forced by the prosecution to plead guilty and ask for forgiveness from the complainant and compensation her.

 His co-accused Batshegi was worried that in the charge sheet they are three and the state is not making any effort to arraign the other accused Oratile Podile whom he claimed is the main culprit in the offence. Batshegi denied stealing from the shop but took money from the Podile not aware that it was stolen. Magistrate Masawi said the accused wasted court’s time by pleading guilty to the offence in the previous mention and equally wasting the prosecution who took time to prepare facts of the case.