GAUTENG: Preshalin Naidoo is on trial in the Randburg Magistrate’s Court facing two charges of culpable homicide.
Prosecutor Dinesh Nankissor said the state intended to call a witness from Cartrack to testify on the movements of Naidoo’s car on the day of the incident.
The state also asked the court’s permission to allow it to hand in a statement from the witness from Cartrack.
“It will be in the interest of justice that this be allowed‚” Nankissor said.
Naidoo’s lawyer Advocate Francios Roets‚ however‚ objected to the state’s application arguing that it was late for the state to be introducing new evidence. The defence in the trial of Preshalin Naidoo has told the Randburg Magistrate’s Court that a mechanical fault caused Naidoo to lose control of his vehicle that crashed into television presenter Simba Mhere’s vehicle.
“We have a set of rules in South Africa. This court is here to see to it that justice is done.
“If the state is allowed to introduce new evidence‚ it will result in an unfair trial. We are at a very late stage in the trial. The state had their time to properly prepare for the case.”
The court will make a ruling on Tuesday on whether to allow the state to introduce new evidence.
What Happened That Fateful Day
The man who allegedly caused the accident which claimed the life of Top Billing presenter Simba Mhere and his friend has claimed he fell asleep behind the wheel, the Randburg Magistrate’s Court heard on Tuesday.
Mamokete Laka, who was in one of the three cars involved in the accident, told the court that Preshalin Naidoo apologised repeatedly.
“He kept saying I’m sorry, I’m sorry, I’m sorry. Then he said he fell asleep,” she said.
Laka said, while her family was confronting Naidoo, he smelt like alcohol on the morning of the accident, on 31 January last year.
“He smelled like he had been drinking. I told my mother that ‘o nwele (he’s been drinking)’,” Laka said.
Laka had been travelling with her mother and two brothers on William Nicol Drive in Johannesburg around 05:00 on the day. They were driving back to their home in Mabopane from a church service in Randburg.
She told the court she was asleep and was woken by her brother shouting, “What is this man doing?”, before hearing two bangs. Naidoo hit a white car in front of him. The Lakas were driving behind Naidoo and his car landed on their bonnet.
After the collision, the family got out of the car. Laka said she saw a woman running towards Naidoo’s car, which was lying on its side, and kicking the sunroof, so Naidoo could get out.
Once he emerged they asked him why he had lost control of his car.
“We kept asking him over and over again.”
When asked whether she confronted Naidoo about her suspicions that he had been drinking, Laka said she did not.
She said she did not mention smelling alcohol to the police officers at the scene or staff at the hospital where she was taken later. She said she had intended to put it in her statement when police came to her home later that week.
Mhere, 26, and his friend Kady-Shay O’Bryan, 29, died in the collision. Mhere’s father Joseph survived. O’Bryan had a three-year-old daughter.
Mhere rose to fame when he won a presenter search competition in 2010, landing him a job on the lifestyle television programme.