Johannesburg - A negative image should be drawn from Preshalin Naidoo's failure to testify in relation to the accident which claimed the lives of Top Billing presenter Simba Mhere and his friend Kady-Shay O’Bryan in 2015, the Randburg Magistrate's Court heard on Monday.
Prosecutor Dinesh Nandkissori read through various testimonies that were heard during the trial which included Mhere's father, a pathologist and an employee at a car tracking company.
Nandkissor told the court that Naidoo should be found guilty as the cause of the accident was due to the speed that he was driving at and not because of a mechanical failure.
Naidoo, 24, is currently on trial for allegedly causing the fatal 2015 car accident that claimed the lives of Mhere and his friend Kady-Shay O’Bryan.
He faces two charges of culpable homicide. The crash involved three cars and happened on William Nicol Drive in Fourways, Johannesburg on January 31, 2015.
During the trial Mhere's father testified that they were in one of two of the turning lanes off ramping on the Southern by pass of the N1 high way before they heard a big bang, which was Naidoo's car smashing into theirs.
The second testimony came from Mamokete Laka who was traveling in the second vehicle that was involved in the collision.
Laka said she heard the noise when the robot was orange.
"It shows the accused was driving at excessive speed."
She said Naidoo kept asked for forgiveness.
"The speed was not the speed that should be used to off ramp..it [Naidoo's vehicle] was flying. If the vehicle had mechanical problems he would've told us..he appeared drunk," said Laka during her testimony
Nandkissor argued that the witnesse's evidence was credible as she stood nothing to gain.
Laka's son Thabiso who was a passenger said that Naidoo said he had fallen asleep and smelt of alcohol.
Pathologist Dr Candice Hansmeyer testified that based on the report and before seeing the images she could tell the injuries were caused by high impact and velocity and beyond what their bodies could take.
"These are high speed injuries."
Later Lawrence Stroger from a car tracking company said according to their records Naidoo had been recorded exceeding speed limits numerous times and travelling at 166 km/h when he off ramped and smashed into Mhere and the other vehicle.
The State said that the fact that Naidoo did not want to testify despite being the only person who could tell the court what happened, drew a negative image.
Trial continues.