Driver denies being liable for 2011 fatal crash

Published Nov 29, 2019

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Durban - A TONGAAT business owner, who is on trial for culpable homicide, denied he was responsible for the deaths of three carpool companions.

Shalan Sewshanker, 32, took the stand in the Verulam Regional Court on Monday.

He is accused of running a red traffic light on the R102 near Ottawa on June 15, 2011, and colliding with a VW Polo, killing Eureka Govender, 30, Marlon Pillay, 32, and Duveshnee Naicker, 24.  

Govender worked in the accounts department of a butchery in Durban Central. Pillay was an accountant and Naicker was serving her articles.

According to evidence in court, the deceased were on their way home and were turning into Ottawa when Sewshanker, allegedly under the influence of alcohol, ran a red traffic light and crashed into their vehicle. He was driving a BMW 320i.

State witnesses testified that Sewshanker was more interested in checking on his sound system than the crash victims.

Pillay, who was driving the VW, and Govender, died at the scene. Naicker succumbed to her injuries at the uMhlanga Hospital.

Sewshanker was later charged with three counts of culpable homicide, a count of driving under the influence of alcohol, and a count of reckless or negligent driving.

The case was dismissed in 2011 but re-instated last year.

Sewshanker was not arrested but summoned to the Verulam Regional Court for proceedings.

He has pleaded not guilty.

In court on Monday, Sewshanker related his version of events.

He said he left his grandmother’s house in Buffelsdale and was on his way to Umbilo, to pick up a friend.

Sewshanker said he had been retrenched from his job but was studying at the time. He currently owns a clothing business.

While on the R102, he said he approached a busy intersection.

He claimed he was in the wrong lane - a right turning lane - because cars did not want to give him a way to get into the correct lane.

“The arrow flashed to turn right. The cars behind me wanted to turn and were hooting at me. When the robot was clear and safe for me, I went through as I was holding traffic.”

He admitted he went through a red traffic light.

Sewshanker approached the second set of traffic lights on Northern Drive, which he said was also busy.

He said many vehicles entered the intersection to turn right.

Sewshanker said the light was green in his favour and he proceeded straight.

“I did not see any car waiting to turn right at the time, but as I approached the intersection, all of a sudden, a car came across me. There was no time to press my brakes or take evasive action.”

He said his airbag was activated and all he saw was white dust.

Sewshanker added that after the accident, someone was at his door and he got out of the vehicle.

“They asked if I was fine and I said I was okay. I had been sick with the flu and had been to the doctor on that Monday. I had been on medication, but it did not make me drowsy.”

He said while the paramedics assessed him, he called his mother to the scene.

When questioned by the State prosecutor on allegations that he was more concerned about his sound system, he denied this.

“This was a normal BMW with no modifications.”

When asked if he consumed alcohol, he said only on weekends on a social level. He denied he was under the influence of alcohol on the day in question.

He was asked if he went back to the scene following the accident to understand what happened, and he said yes.

It was also put it him that his attorney previously stated he had switched lanes but he said that was not true.

The case was adjourned to January as the magistrate requested a report on the traffic light phasing at the time of the accident. 

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