Friday, 29 March 2019

ZIMBA'S DEATH : ZUMA'S SON APPLICATION THROWN OUT


The case against Duduzane Zuma will continue.

This is what magistrate Tebogo Thupaatlase ruled on Friday morning in Zuma's application to have a case of culpable homicide and one of negligent driving thrown out in the Randburg magistrate's court in Johannesburg.

Thupaatlase said a case could be discharged if the evidence was "poor"‚ but ruled this was not the case here.

Zuma's lawyer Mike Hellens had filed an application on Wednesday to have the case thrown out after state prosecutor Yusuf Baba finished up the state's case.

Hellens argued on Wednesday there is no evidence to show Zuma was driving recklessly in his Porsche 911 Turbo causing a deadly road accident on February 1 2014.

He said the four-wheel-drive crashed because of aquaplaning - that‚ basically‚ he lost control of the vehicle because of water on the surface of the road.

Baba argued on Wednesday that Zuma’s culpability lies not in his car sliding after hitting a puddle of water‚ but not doing enough beforehand to drive safer.


“At the end of the day‚ that human being behind the steering wheel is in control of how he behaves on the road.”

Hellens hit back: “What they (the state) haven’t established is at what point in time was Mr Zuma‚ as a reasonable driver‚ expected to foresee that there will be a puddle on a national highway. This is not some country road. On a national highway of such significance that driving around 90 to 100km/h‚ so the experts tell us‚ he would lose control of his vehicle. Where is that in the state’s case? It’s nowhere.”

Another charge of culpable homicide was dropped on Tuesday.

Minibus taxi passengers Phumzile Dube and Jeanette Mashaba died following after Zuma’s Porsche crashed into a minibus taxi on the M1 south near the Grayston turnoff.

Baba said on Tuesday the state had consulted with a pathologist and Mashaba’s death was a result of a pre-existing condition and was not linked to the accident. She died in four months later at home.

Zuma pleaded not guilty on Tuesday. He said in a statement‚ read out by Hellens‚ that he lost control of his car after driving through a pool of water which he did not see due to the poor visibility from the rain.

Porsche announced in January 2019 that it will introduce a wet mode system into its 911 models which “includes a function for detecting significant wet road conditions and a corresponding vehicle set-up for increased driving stability on wet road surfaces”. Sowetan

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