Johannesburg - Molemo “Jub-Jub” Maarohanye and Themba Tshabalala's actions are exactly like those of convicted Western Cape taxi driver Jacob Humphreys, the Protea Magistrate's Court heard on Friday.
“They will have escaped lightly on culpable homicide.... With their recklessness they can't escape a murder conviction,” said State Prosecutor Raymond Mathenjwa.
Humphreys was convicted of murder following an accident on August 25, 2010, at the Buttskop level crossing in Cape Town.
While taking children to school, he overtook a row of cars, ignored safety signals and proceeded over the tracks. A train hit the taxi, killing 10 of the children.
Mathenjwa also argued that both the accused had failed to assess the nature and extent of the injuries of those they hit.
“With that said, accused number one (Maarohanye) was walking around trees on the phone... There was no flimsy attempt to check what had happened to the children.”
He said that although the two were not seriously injured in the collision, they had failed to show concern for those they had injured.
“They must be found guilty on all counts as preferred by the State, and they have failed to provide evidence against all counts.
“Let them be found guilty.”
The two men face charges of murder, attempted murder and driving under the influence of alcohol and drugs.
They were allegedly racing their Mini Coopers when they crashed into a group of school children in Mdlalose Street, Protea North, on March 8, 2010.
Mathenjwa said it was irrelevant who had been in the wrong lane or which car had been hit and sent ploughing into the school children.
He said it was clear that the two were racing and that neither of them had tried to avoid the collision.
“Accused number two (Tshabalala) did not reduce speed when accused number one (Maarohanye) was trying to overtake him,” he said.
The State finished its closing arguments on Friday afternoon and the matter was set to continue on Monday. - Sapa