The lawyer for blue light driver Joseph Motsamai Semitjie, who crashed into teenager Thomas Ferreira, leaving him permanently brain damaged, argued his client should not be imprisoned.
Semitjie should be treated with a “measure of mercy”, Thomas Mohlobogoane told the Kurgersdorp Magistrate's Court during sentencing proceedings.
Semitjie, the former driver of then Gauteng housing MEC Humphrey Mmemezi, was convicted of reckless and negligent driving on December 3.
“The most difficult punishment the accused will have to deal with is to live with his conscience,” Mohlobogoane said.
He asked for correctional supervision and a fine.
“The accused is employed and is able to pay a fine and is able to contribute to society through correctional supervision or community service,” he said.
He added that imprisonment would serve neither Semitjie nor the community. He argued that a sentence could make or break an accused and that Semitjie was a first-time offender and no danger to society.
Magistrate Abdul Khan asked whether Semitjie had done anything to improve Ferreira's life.
Mohlobogoane replied that Semitjie was advised not to make contact with the family until after the matter had been concluded.
Earlier, the court heard that Ferreira would have to live with severe mental problems for the rest of his life.
“I believe he will not be able to function independently or live on his own. He'll need life-long supervision and care,” psychiatrist Marthina Boegner told the court.
She said that due to his severe head injury, Ferreira had changes in his personality, experienced severe mood swings and aggressive outbursts, had difficulty concentrating, and lacked social decorum. He was taking several medications and would probably be on medication for the rest of his life, she said.
Semitjie was driving Mmemezi to a meeting when he crashed into Ferreira, who was on a motorbike, in November 2011.
Ferreira, who was 18 at the time, suffered head injuries and was comatose for weeks. He spent months in rehabilitation.
During the trial, the court heard that Semitjie was driving on the left side of the yellow line, had not switched on his siren, and went through a red traffic light.
Sapa