Johannesburg – An application to have Preshalin Naidoo discharged on culpable homicide charges was dismissed by the Randburg Magistrate's Court on Tuesday.
Naidoo is currently on trial for allegedly causing the fatal 2015 car accident that claimed the lives of Top Billing presenter Simba Mhere and his friend Kady-Shay O'Bryan. Magistrate David Mahango said he made his decision based on the nature of the evidence presented by the state. The crash which involved three cars, happened on William Nicol Drive in Fourways‚ Johannesburg, on January 31‚ 2015.
Defence advocate Francois Roets argued that the evidence against Naidoo was insufficient, citing the testimonies of various state witnesses, including Mhere's father and the Car Track Fleet Manager Lorenz Stoger.
"It's clear that he [Lorenz Stoger] was unable to convince the court that he is an expert and that the facts are reliable," Roets said.
But, state prosecuter Dinesh Nandkissor argued that eyewitnesses had corroborated each other's stories.
"They saw that the vehicle that crashed into them was the same vehicle that crashed into Mr Mhere's vehicle," Nandkissor said.
Nandkissor said Stoger's evidence was based on data and was able to pinpoint certain coordinates showing where the vehicle was travelling. "The court was present to see in person the layout of the road and the direction where the deceased [Mhere] was traveling."
"The state is saying that the device can be trusted," Nandkissor said.
Nandkissor argued that the court should take into account the speed limits of various roads in Johannesburg. Naidoo had exceeded the speed limit which showed negligence, he said.
"He [Naidoo] wants the court to believe that there was a mechanical fault. The accused must be called to explain these events."
Earlier state witness Frans Jacobs, an insurance investigator who was assigned to Naidoo's vehicle claim, was called to the stand to give evidence. Jacobs said that the claim was repudiated due to "due care".
"We have a policy schedule that states reasons for claims being rejected under due care and we explain what it means. This means there was gross negligence and that the accident could have been avoided," Jacobs explained.
"Gross negligence is when you are aware of the fact that you are exceeding the speed limit and not abiding by the law and your actions can cause an accident or the death of someone."
Jacobs said that there was an agreement with Car Track and their clients which included a discount if the system was purchased through King Price insurance.
At the time of the accident Mhere was driving to the airport with O’Bryan and his father, who survived the accident.
The state closed its case on Tuesday.
On Wednesday, the defence is expected to call Naido to the stand.