DURBAN - With his head bowed in the dock of the Durban Regional Court, Phoenix driver Omesh Ramnarain sat dejected on hearing the magistrate’s verdict: guilty of culpable homicide.
Magistrate Anand Maharaj criticised Ramnarain’s version of events that led to the deaths of Jarred Dwyer and Richard da Silva on February 7, 2016, while they were cycling in the emergency lane on the M4, heading out of the CBD.
He was found guilty on two charges of culpable homicide, but not guilty of drunk driving.
Ramnarain drove into Da Silva and Dywer in his black Golf GTI. He said he had just left a nightclub after having four Hunter’s Golds (cider).
In the case, Ramnarain, 33, a plumber, was initially expected to reach a plea bargain agreement with the State, but changed his legal team, and opted for trial in which he pleaded not guilty.
As part of his defence he claimed a rock was thrown at his windscreen, resulting in him not being able to see the cyclists before he crashed into them.
“It’s highly improbable in my view that the rock was thrown at the windscreen. He did not report the rock-throwing incident to police. It’s also highly coincidental that at the time the rock was thrown the collision occurred.
“The version of the accused is highly improbable. The collision clearly took place in the emergency lane. He breached the duty of care as a driver to be vigilant when driving,” said Maharaj in his judgment.
Ramnarain will be sentenced on May 25, and his bail has been extended until he appears in court again.
Maharaj granted the extension on the condition that Ramnarain hand over his driver’s licence to the state, and not drive a vehicle until the next court appearance.
Witnesses testified they saw Ramnarain speeding on the M4, overtaking other vehicles.
Ramnarain conceded that he had four drinks, but that he was not drunk.
The cyclists had been riding at the back of a group of cyclists who were part of the Kings Park Cycling Club, at about 5 o’clock that morning, just before sunrise.
In court yesterday, the families sat noticeably apart, with Da Silva and Dywer’s families on one side of the public gallery, with Ramnarain’s on the other.
Members appeared tense awaiting the outcome of Maharaj’s judgment.
Outside court, Ramnarain’s family declined to comment, as did the families of Dywer and Da Silva, who said they were too emotional to speak.