Pretoria - Indi Chiyabu, convicted of culpable homicide for an accident in which two Christian Motorcyclists Association members died in 2010, has offered the families of the victims R700 000 and is willing to negotiate a “six-figure amount”, the Pretoria North Regional Court has heard.
Chiyabu’s lawyer, Makhi Mogaga, asked the court to intervene in negotiations with the families as “previous negotiations outside court, did not go smoothly”.
Magistrate Ben van Schalkwyk said the court was in no position to make such an order as it was not familiar with the families’ circumstances.
Mogaga was arguing in mitigation of Chiyabu’s sentence.
Chiyabu was found guilty on two counts of culpable homicide, instead of murder, in February as it could not be proved beyond reasonable doubt that he had intended to kill the two motorcyclists.
Chiyabu smashed into Johannes Kruger, 32, Pieter Coetzee, 49, and Coetzee’s son, Pieter Junior, in the early hours of October 16, 2010, with his Hummer vehicle.
The Hummer burst into flames soon after and Chiyabu fled the scene. Kruger and Coetzee Senior were declared dead at the scene.
Coetzee Junior was seriously injured, resulting in the amputation of his right leg above the knee.
Mogaga called Chiyabu’s brother, Tebogo Matjiu, to the stand. Matjiu said he and his brother were close and Chiyabu never consumed alcohol - not even at social events where Matjiu would have a few drinks.
During cross-examination, State prosecutor Tanya Carstens said she found Matjiu’s testimony confusing as the State never alleged that Chiyabu was under the influence of alcohol when the accident occurred.
Mogaga argued that the situation could have been aggravated by the consumption of alcohol. Although the court found Chiyabu to be reckless, he could not be seen as such because the killing of the two motorcyclists was unintentional, he said.
“He (Chiyabu) took his eyes off the road for two seconds. It could have happened to anyone.
“Reckless and negligent drivers get fines, suspended sentences and in many cases a slap on the wrist, not jail time,” Mogaga argued.
A pre-sentencing report, handed to court by Mogaga, said Chiyabu grew up in Lusaka, Zambia, where he studied accounting and worked as an accounting clerk for two years.
He came to South Africa in 2008 to live with his stepmother and her South African family. His father died when he was 16.
His stepmother described him as humble with no violent behaviour and a careful driver. She indicated they had a close relationship.
The report said Chiyabu did not cope well after the accident and saw a psychologist and a psychiatrist.
The case is back in court in May when arguments in aggravation or sentence will be heard. - Pretoria News