Blue Lagoon hit-and-run driver kept in custody

Published May 27, 2016

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Durban - The founder and director of a non-profit organisation appeared briefly in the Durban Magistrate’s Court on Thursday on two culpable homicide charges.

Thirty-eight-year-old Kearadilwe Refilwe Modise Moloto, of Sunnydale, is also facing charges for failing to perform the duties of a driver after an accident, reckless and negligent driving, and defeating the ends of justice.

It is alleged she was driving her black Kia, with a GP registration, on the Ruth First Northern M4 Freeway on May 18 when she struck Phoenix residents Sumeer Maharaj, 26, and Pravin Mahabir, 25.

They were helping their friend, Junaid Singh, also of Phoenix, change a flat tyre on his bakkie. Their respective vehicles were parked on the yellow lane near the Blue Lagoon on-ramp.

The driver did not stop after the collision. Mahabir died at the scene and Maharaj died in hospital the next day.

Their friend, Junaid, was also hit and his hand was injured. The families had appealed to the public soon after the accident for any information on the driver, and had also offered a reward.

It is alleged Moloto filed a false accident report and tried to repair her car.

The car was apparently taken to a local panel beater, who then reported the matter to police after recognising the colour and model of the vehicle mentioned in media reports.

Dressed in a grey hoody jacket, T-shirt and blue tracksuit pants, Moloto stood in the dock and held her hands over her face as prosecutor Sharon Moodley detailed the charges to magistrate Mahomed Motala.

Moodley said the State was opposed to bail and asked for a seven-day adjournment for bail consideration.

Moloto’s legal counsel, advocate Rajiv Sarjoo, argued he was ready to proceed with a bail application, but was told by the State that police still needed to verify a few details.

In objecting to photographs being taken of Moloto in court, Sarjoo said his client felt intimidated and had been threatened while in custody.

Moodley argued that Moloto had already appeared before an open court, been seen by everyone in the gallery and that photographs would not jeopardise the State’s case as an identity parade did not need to be held.

Motala allowed the media time to photograph the accused.

Moloto was arrested on Monday. She was remanded at the Durban Central police cells until her next court appearance on June 2.

Should the State not oppose bail, the bail application would proceed on this date. Alternatively, the opposed bail application would be heard on June 7.

Maharaj’s brother, Akheel, said he and his parents were not in court on Thursday. He had to work and his parents, he said, were too fragile to attend.

“The loss of a child is always difficult on the parents,” he said. He added when they heard of the arrest they felt it was good news, but also still sad as it would not bring his brother back.

There were other family members in court on Thursday, but they left soon after Moloto’s court appearance.

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