Durban: Tevin John, a former Phoenix schoolboy, admitted to falling asleep at the wheel of his mother’s car when he crashed into four municipal plumbers.
The plumbers were trying to fix a leak on Tatford Road, in Sunford, Phoenix, nearly seven years ago. One of them lost his leg, while another lost his life.
John, who was 17 and an unlicensed driver at the time, said he had been studying for his trial examinations and decided to use his mother's car, a red VW Polo.
Last Monday, John, now 24, pleaded guilty to culpable homicide and driving without a valid driver's licence.
In August 2015, John, who only had a learner's licence, lost control of the vehicle and drove into Kevin Roopnarain, 36, Velenkosi Mpungose, 38, Aldane Scheepers, 36, and Thulani Chala, 41.
Warrant Officer Fred Snodgrass, of the SAPS Accident Combating Unit, compiled the accident reconstruction report.
According to the report, John entered a sharp bend at a speed on Tatford Road (a narrow road) and he was unable to negotiate the bend. The vehicle entered the grass verge and first hit a power box before ploughing into the plumbers. The car then crashed into a driveway gate and boundary wall.
Both Roopnarain's legs were crushed. His left leg had to be amputated, while his right leg was saved through reconstructive surgery.
Mpungose, 38, died shortly after arriving at the hospital. Scheepers and Chala survived but sustained serious injuries.
When the trial began last month, John had initially pleaded not guilty to the charges. After several State witnesses testified, he had a change of heart last Monday and took responsibility for his actions.
In his plea statement, read out by his legal representative, advocate Paul Jorgensen, John admitted to being the driver and being involved in the collision. He accepted that as a consequence of the collision, Mpungose died and others were injured.
John said he was studying for his Grade 12 trial examinations. He said he was studying diligently to obtain a university entrance result as he wanted to study law.
"The accused, in order to be able to study for the long hours which he did, consumed a variety of energy drinks containing vast amounts of caffeine as well as other substances designed from falling asleep when he would normally have wanted to."
John said he studied from 3pm, when he returned home from school, until the early hours of the morning. This pattern, he said, was repeated for a number of days.
In addition to the energy drinks, he took various medications and pills designed to make him stay awake and to focus for longer periods. On the day of the incident, John said he was driving to a friend, who lived 5km from his house.
While travelling, he received communication that his friend was not at home and that he would have to return later in the day. He said he was returning home when he turned onto Tatford Road, a road which he travelled on many times and knew well.
The speed limit on the road was 60km an hour.
John said the road from which he came, before turning onto Tatford Road, had a speed hump shortly before the turn and that a motorist would be unable to drive at an inappropriate speed.
“Shortly after turning into the road, which consists of a steep downhill and then a sharp bend, the accused, who had been drowsy from the time he woke up due to the long hours of study and the commensurate lack of sleep, began to have mini sleeps. As the accused turned into Tatford Road and was descending the hill, he fell asleep at the wheel and regained consciousness or woke up after the collision.”
Jorgensen said his client could not comment on the speed of the vehicle but that it could not have been more than 40km an hour.
John however accepted that he increased the speed to a level that was inappropriate in the circumstance. He said he was filled with shock and regret and accepted that his actions were both wrongful and unlawful and that he should not have driven in such a state.
Rakesh Singh, the regional court prosecutor who represented the State in the matter, accepted the plea statement and said the State would now close its case. Magistrate Kate Boonzaier said John was found guilty on both counts.
Singh then handed in documents to confirm that John had no previous convictions or pending cases. The case was adjourned to May for sentencing.
After the proceedings, John, who was emotional, approached Roopnarain and Scheepers. He said he was sorry for what he had done and asked them for forgiveness. Both men accepted his apology and said all they wanted was for him to understand the gravity of his actions.
Roopnarain said it had been a difficult journey for him but he lived every day for his son, aged 9, and daughter, 17.
“I’m always in pain, especially when I walk. At the time of the accident, my left leg was dismembered by the car. My right leg was severely crushed. My right knee was shattered to pieces. I broke my left ring finger, my wrist, and one of my front teeth. I was in the hospital for three months; and was in and out of theatre 11 times. Doctors used about 12 pints of blood on me.”
He said when he had arrived at the hospital, several doctors wanted to amputate his right leg.
“There was only one doctor who said, ’let us try’ and he managed to save my leg. I was then referred to Grey's Hospital for a second opinion. The specialist there said I was wasting my time and that I should have amputated. He said if the leg healed, it would heal straight out and I would not be able to use it. But I said to myself, 'if they take my right leg, I would rather die'."
Roopnarain, who was at the time using a wheelchair, said he returned home with little hope but it was on his son's 4th birthday when he had a change of mind.
“I decided that I needed to live for my kids. They were my motivation. I took the crutches and tried to strengthen my leg. It seemed impossible. It took a while but eventually, I was able to use it about a year later.”
In 2016, he got a prosthetic for his left leg.
He said his mother and brother were his biggest supporters.
Roopnarain worked for two years as a plumbing assistant before the accident. He said he still worked for the municipality but was now office-bound. Roopnarain said it had taken time but he had forgiven John.
“In fact, I was going to go up to him and tell him that I forgave him. I’m glad that he pleaded guilty and has accepted responsibility for his actions. That's all we wanted.”
Scheepers, who suffered an injury to his back and leg, said he was pleased with the verdict.
“It has been hell for us, especially with the case, not knowing what was going to happen. But I'm happy it is over and now we can have the closure we need.’
Scheepers has worked for the municipality for 10 years - first as a plumbing assistant and now as a plumber.
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