How a murder case is made after crash

Published Dec 13, 2011

Share

Hot on the heels of taxi driver Jacob Humphreys being found guilty of murdering 10 children in an accident, Transport Minister Sibusiso Ndebele has warned drivers that they will be charged with murder if it can be proven that they had "some form of intention" to cause death.

So how exactly did they prove this intention in the Humphrey's case? On Monday, the taxi driver was found guilty of murdering 10 children, killed when his taxi was hit by a train at a level crossing outside Cape Town last year.

In the end, Judge Robert Henney said he could not think of a better example of a person being able to foresee the consequences of their actions than when Humphreys zig-zagged through the level crossing after the booms had shut.

Perhaps it's not such a stretch to apply this theory to a multitude of driving situations, such as a dangerous overtaking manoeuvre - particularly on a blind rise.

Murder charges have also been brought against three motorists for running over pedestrians - Molemo ''Jub Jub'' Maarohanye and Themba Tshabalala for allegedly killing four children while drag racing and Sibusiso Langa for allegedly running down five joggers while inebriated.

Whether these charges stand up in court is another question altogether, but as with the Humphreys case they will certainly help set the legal precedent for how murder charges can be applied after a fatal accident.

The writing is on the wall though - authorities are showing every intention of getting really tough on reckless drivers who kill on our roads.

Welcoming the Humphreys verdict, Ndebele said: "Our society has degenerated to a level where some drivers continue to display a blatant disregard for human life.

"In conjunction with the ministries of police and justice, as well as the National Prosecuting Authority, we will continue to ensure that we are more aggressive in dealing with irresponsible drivers to protect our constitutionally entrenched right to life," he said.

"No mercy will be shown to any person who disobeys road rules." -IOL & Sapa

Related Topics: