Driver, conductor have murder case to answer - judge

MBABANE - The acquittal and discharge application filed by the kombi driver and conductor who are accused of killing a passenger they allegedly pushed out of a moving kombi, has been dismissed.

Oscar Methula, who was the driver, and Machawe Ndwandwe were charged with murder following the death of Thubelihle Maphanga on November 16, 2016.

Maphanga died in hospital after

sustaining injuries due to being pushed out of the moving kombi. Methula was also charged for contravening with the Road Traffic Act, 2007. He allegedly failed to comply with a demand or direction as set out in Section 88 (1)(a-d) of the Road Traffic Act.

Closed

The Crown has closed its case in the matter after leading 12 witnesses. When the Crown closed its case, the accused persons filed an application to be acquitted and discharged in terms of Section 174 (4) of the Criminal Procedure and Evidence

Act.

They argued that the evidence adduced by the Crown was insufficient to require them to be put to their defence. The accused persons submitted that the evidence of the Crown fell short in proving all the necessary elements of the offences in question.

The Crown’s view was that the accused persons were implicated by the evidence of eyewitnesses who were at the scene on how Maphanga sustained the injuries which led to her death. The Crown informed the court that there was evidence that

Methula was the driver of the kombi. “When the kombi was from Mpoli and when it came back it was travelling at a high speed, surprising the witnesses who were expecting that it will stop at Canaan Bus Stop and drop the deceased before proceeding to town.

dropped

“However, as it was speeding, it went past the bus stop where the deceased should have been dropped.

“As it went past the bus stop, the door was opened and the deceased was thrown out and, at a distance, her groceries followed,” submitted the Crown.

Judge Bongani Sydney Dlamini, who presides over the

matter, said the court was required to put the evidence of the Crown’s witnesses on a scale in order to determine if such evidence was sufficient to support the charges levelled against them.

On the charge of murder, Judge Dlamini concluded that the accused persons had a case to answer and the application in terms of Section 174 (4) was dismissed.

The court found that Methula did not have a case to answer on the traffic offence.

The Crown is represented by Principal Crown Counsel Elsie Matsebula, while the accused persons are represented by Mongi Nsibande and Partners.