The application for leave to appeal by Preshalin Naidoo who caused the accident that killed Top Billing presenter Simba Mhere was dismissed. File picture: ANA

Johannesburg - The application for leave to appeal by Preshalin Naidoo who caused the accident that killed Top Billing presenter Simba Mhere was dismissed by the Randburg Magistrate's Court on Friday.

"The court comes to the conclusion that the sentence was well balanced and the prospects of success of appeal are non-existent.  Application for leave to appeal of the sentence and conviction are dismissed," Magistrate David Mahango said.

Mahango said it was was common cause that Naidoo drove recklessly, causing the accident which claimed the lives of Mhere and his friend Kady-Shay O’Bryan on William Nicol Drive in Fourways, Johannesburg, on January 31, 2015.

Earlier, in response to the defence, State prosecutor Dinesh Nandkissor said Naidoo did not have valid grounds for an appeal of his sentence and conviction.

"The application does not meet the set requirements," Nandkissor said.

Naidoo was sentenced to 10 years imprisonment on Monday.

The public gallery was filled with Naidoo's friends and family members.

Nandkissor said that the court found that Naidoo was reckless and driving at excessive speed and that he chose not to testify during the trial.

"There was sufficient evidence to sustain conviction of the accused [Naidoo]."

Nandkissor submitted to the court that no other court would come to a different finding and said Naidoo showed no remorse.

"The court should dismiss the application. If the accused was driving at a lower speed he would not have caused the damage and deaths of the deceased."

Naidoo's legal representative made an application for bail pending the outcome of a petition to the judge president. However, Magistrate Mahango denied the bail appeal.

African News Agency (ANA)