Durban - The taxi driver who was involved in the South Coast accident that left Olympic cyclist Burry Stander dead earlier this year had just completed an illegal turn when he and Stander collided, a Port Shepstone court heard on Monday.
Njabulo Nyawose crossed a solid barrier line when he turned from Shelly Beach’s Marine Drive into Stott Street, State witness Mbongeni Musa said.
Nyawose has been charged with culpable homicide, or an alternative charge of reckless or negligent driving or inconsiderate driving, and with failing to obey a traffic sign, in connection with the January 3 accident. He has pleaded not guilty.
In July, the charges against Nyawose were withdrawn because of multiple delays. This resulted in a public outcry and later that month the National Prosecuting Authority announced the charges would be reinstated. The trial started on Monday.
Musa, a traffic officer of eight years, was the first witness public prosecutor Christelle Rossouw called to the stand.
He told the court he responded to the accident and, upon his arrival, he quickly identified Nyawose as the driver of the taxi involved.
“He (Nyawose) was crying. He had blood on his chest and neck,” Musa recalled.
The accused told the officer he was travelling south in Marine Drive when he decided to turn into Stott Street, a side road that would have been on his right. He looked to see if any vehicles were approaching from the south before he turned. After he turned, a cyclist, travelling at a “very high speed”, appeared on his side.
Nyawose tried to stop and allow him (the cyclist) to pass, but instead the two collided.
Two barrier lines, one solid and one broken, separated Marine Drive into two lanes, one southbound and one northbound, Musa told the court. The solid barrier line was applicable to those travelling south, and it was illegal to cross it.
However, during cross-examination, defence attorney Xolile Ntshulana questioned this. He asked Musa if there was a traffic sign prohibiting turning and the officer conceded there was not.
An inspection in loco of the accident scene is expected to take place on Tuesday.
Meanwhile, another witness, Andries Fourie, has given an account of the last few seconds of Stander’s life.
Twenty-year-old Fourie said while he did not know him personally he knew who Stander was.
On the day of the accident, he was two cars ahead of Nyawose and saw Stander cycle past him.
“I hooted and waved and he waved back,” he said
Seconds later, Fourie heard a loud bang.
“I looked in my rear view mirror and I saw him (Stander) slide under the taxi.”
The trial continues.
The Mercury