Durban - A South Coast traffic officer says a taxi driver who turned into a side street and collided with Olympic cyclist Burry Stander did not make an illegal turn before the crash.
The illegal turn allegedly made by Njabulo Nyawose was a key factor in the State’s case as accident reconstruction specialist Craig Proctor-Parker, who investigated the accident, testified that Stander had right of way when Nyawose made an illegal turn.
Nyawose is on trial for culpable homicide in connection with Stander’s death while he was on a training ride in January 2013.
Stander, who had been cycling in Marine Drive towards Port Shepstone from Shelly Beach, died when his bicycle hit Nyawose’s taxi.
The taxi had been travelling south in Marine Drive when it allegedly moved into the northbound lane and turned right into Stott Street.
On Thursday Hibiscus Coast Municipality law enforcement Superintendent Sifiso Ngcaku, who was called to testify by the defence, said there was a barrier line in Marine Drive at the intersection of Stott Street, but it prohibited overtaking and not right turns.
He said vehicles were allowed to turn right over the barrier line if it was safe to do so.
“In the absence of a traffic sign that prohibits right turns, there would be no contravention of the law.”
Ngcaku said he believed there should be a traffic sign to prohibit right turns at the Marine Drive and Stott Street intersection, but it was a provincial road and therefore fell under the authority of the Transport Department.
During cross-examination prosecutor Christelle Rossouw told Ngcaku that his understanding of the traffic laws was incorrect.
Ngcaku replied that Rossouw was entitled to her opinion.
During questioning by magistrate Charmaine Barnard, Ngcaku said Nyawose would have broken the law if his taxi had overtaken vehicles in front of him before turning right.
Barnard had said a State witness had testified that the taxi moved past vehicles in its lane before it turned.
Nyawose, who has pleaded not guilty, testified last Friday that he had not seen Stander on the road before the crash.
He told the court that he was a careful driver, took great care of his passengers and always obeyed traffic regulations.
He said he crossed the barrier line because he was trying to escape the peak-hour traffic.
The case was adjourned to next month for closing arguments.
The Mercury