Durban - Taxi driver, Njabulo Nyawose, found guilty of culpable homicide after his collision with Olympic cyclist Burry Stander is expected to be sentenced in July.
On Wednesday, evidence was led in aggravation and mitigation of sentence in the Port Shepstone Magistrate’s Court. The court heard that 25-year-old Nyawose had apparently wanted to commit suicide due to the stress of the incident and the court case.
Nyawose was travelling south-bound on Marine Drive near Shelly Beach in his taxi in 2013 when he crossed the barrier line on the north-bound lane to turn right into Stott Street.
Stander had been cycling north on Marine Drive when the collision occurred, and had suffered extensive “blunt force traumas”. He had died at the scene.
Nyawose had pleaded not guilty to a charge of culpable homicide, or alternatively, reckless and negligent driving.
In April, magistrate, Charmaine Barnard, had found Nyawose guilty of culpable homicide and failure to obey a road traffic sign.
On Wednesday, the court heard Nyawose had apologised to Stander’s family. A social worker had testified about Nyawose’s personal circumstances and had recommended he receive a suspended sentence.
During her judgment, Barnard had found that Stander was not travelling at an excessive speed at the time of the collision, despite defence attorney Xolile Ntsulana’s argument that the speed Stander was travelling at was the sole cause of the accident.
She had also said the court had no evidence before it to indicate exactly where Stander was when Nyawose had turned into Stott Street, but had accepted the State’s version that he was not stationary before crossing over the barrier line.
She found that the taxi driver had driven negligently and this caused the collision to take place.
Daily News