Charges of murder and attempted murder against soccer player Bryce Moon should be withdrawn, as he had no intention to kill domestic worker Mavis Ncube, the Randburg Magistrate's Court heard on Friday.
Moon faces charges of murder, alternatively attempted murder, drunken driving, and reckless or negligent driving, alternatively inconsiderate driving.
He allegedly hit and killed Ncube while driving at high speed in Sandhurst in 2009.
“There are no objective facts to prove intention.... One has to look at the evidence to see that there is not a shred or iota that can lead the court to the accused having intentions to commit murder,” said Moon's advocate Naren Sangham.
He said that although Ncube was killed in the accident, previous testimonies proved that she had run into the road where Moons' car struck her.
Sangham referred to testimony given by Thandi Sibanda, who told the court of the events that led up to the accident on Katherine Street.
She testified that she heard the sound of a rapidly approaching car and that she and Ncube ran into the road to avoid being hit by it.
Sangham said the State had also failed to prove that Moon was the driver of the car, and that he was under the influence of alcohol.
He said there were discrepancies in witnesses' testimony.
Some witnesses said they had smelled alcohol on Moon and others said they had not.
However, no witnesses said Moon was drunk on the day of the accident.
Sangham said the charges of drunken driving should also be withdrawn. – Sapa