WHEN soccer star Bryce Moon refused to pay compensation to the family of Mavis Ncube as he had not admitted culpability in her death, all hell broke loose.
This is according to Moon’s lawyer, Narend Sangham.
He told the Randburg Magistrate’s Court yesterday that Ncube’s employers had then created a case again Moon.
They fabricated evidence, took over some of the duties of the police, took photos of the accident scene and, thereby, did not afford him the fair trial he was entitled to, he argued.
Sangham made the statements during an application to have
his client discharged.
Sangham noted “holes” in the evidence of Ncube’s cousin, Thandi Sibanda, and that of her employers Nancy and Gregory Turner.
The lawyer said their testimonies were fraught with untruths, riddled with inaccuracies, and were contradictory and of poor quality, thus the court could not rely on them.
No reasonable court applying its mind would convict on the basis of that evidence, he argued.
Moon, a Golden Arrows player, is alleged to have knocked down Ncube – a Zimbabwean domestic worker – on June 29, 2009.
At the time, Ncube and Sibanda were on their way to work.
Dissecting Sibanda’s evidence, Sangham put the following before magistrate Vince Pienaar:
l The accident happened at about 6am in winter. At that time, it would have been dark, but in her evidence, Sibanda said she was able to see the colour of the car and that it had been travelling at high speed.
l Sibanda had said when she and Ncube had heard the car approach, they had run away in different directions, yet the injuries on Ncube’s body and the post-mortem results showed that she had run in the path of the car.
l During cross-examination, she had suddenly requested to go to the toilet, except that she had not gone to the toilet, but to the nearby courtroom, where she had conversed with her and Ncube’s employer, Nancy Turner.
“That is indicative of a totally dishonest and disrespectful witness with scant regard for the law. She was a totally unsatisfactory witness in every aspect.
“Not only was she unreliable (and) untruthful, she is also someone who had been schooled in her evidence and statements. Can a person of such calibre be relied upon?”
Sangham also said when the Turners realised no money would be forthcoming, they became the driving force behind the investigation.
“The Turners were the architects of the reconstruction of all these statements,” Sangham said.
The case continues.