After the defence team objected to new witnesses in the ongoing case, the court has allowed the new evidence to be presented tomorrow 15 September 2016.
The GPS tracking unit data from Preshalin Naidoo’s car will be used as evidence in the culpable homicide trial.
Simba Mhere and Kady-Shay O’Bryan were killed in the car crash involving Naidoo on William Nicol and the N1 .
The charges brought against Naidoo are two counts of culpable homicide was back in the Randburg Magistrates’ Court today (13 September) where he is standing trial.
With his previous appearance in court yesterday the discussion focused on whether the State was able to use evidence submitted after the case docket was given to the defence in July this year. Read yesterday’s story here.
Defence Advocate Francois Roets argued that the first investigating officer was fully aware of the GPS tracking in Naidoo’s vehicle and the insurance company report. The original investigating officer did not document the relevant information, according to the defence.
He explained that it is not the fault of the State that the information was not in the docket given by the new investigating officer but that the information would make for an unfair trial for his client (Naidoo).
In court yesterday, State Prosecutor Dinesh Nandkissor said, “[The] Evidence details the movement of the vehicle on the day of the incident… the State should be then given a chance to rebut the evidence given by the defence.”
This is in relation to the statement given by Naidoo in which he claimed the accident was caused by mechanical failure near the right front suspension that caused him to lose control. Nandkissor added, “It was the defence that alerted the court to the nature of the evidence.”
Roets retorted, “It is the State’s duty to prove their case beyond reasonable doubt and to disclose whatever evidence it is going to use.”
Roets referred to a previous trial record where new evidence presented in the case was rejected due to to the fact that it would make for an unfair trial.
In rebuttal, Nandkissor argued that the case study that the defence used is from 1992. This is prior 1994 which was the period of change where South Africa’s new Constitution was introduced. He argued that this is deemed not substantial.
After a short adjournment, Magistrate David Mahango ruled that the evidence pertaining to the data of the vehicle’s movement presented to the court, will not render the trial unfair.
The State was given the green light to proceed with the evidence they brought forward.
The trial has been rolled over to 15 September when expert witnesses are expected to testify.
Source Inputs: Randburg Sun