Scholar patrol motorist in court

A MOTORIST who allegedly drove into two brothers who were crossing Alpine Road at a scholar patrol, has pleaded not guilty in the Durban Regional Court.

The boys, aged six and nine, were walking across the road to their Overport school, Springfield Hindu Primary, on the morning of May 29, 2015, when they were knocked down by a driver, who allegedly failed to stop at a scholar-patrol crossing.

Their relatives were in court on Wednesday when 34-year-old Whyashmiah Soofie pleaded not guilty at the start of her trial before magistrate, Lee Bonhomme.

Her legal counsel, advocate Saleem Khan, told the court her defence was a “bare denial” of the two counts of reckless and negligent driving, and a charge of failing to render assistance after an accident.

At the time of the accident, it was reported that the younger brother had borne the brunt of the collision. He was in an induced coma until June and had suffered swelling to the brain, a fractured skull and punctured lungs. His older brother had open wounds to his head and grazes, and was later discharged from hospital.

Prosecutor Shayna Naidoo called the first police officer on the scene, as her first State witness.

According to Constable Nolandran Pillay’s statement, when he arrived he first noticed a schoolboy lying on the ground in front of a white Daihatsu. He said blood covered the boy’s face and he was crying in pain.

He then noticed a second child lying a few metres away from the car, and over a concrete and steel barrier.

According to Pillay, the man posted at the scholar patrol told him a white Daihatsu had failed to stop when he had stopped traffic and had crashed into the two children who were crossing the road.

He said a motorist who had stopped her vehicle at the scholar crossing told him she witnessed the crash and saw the white Daihatsu failing to stop and driving into the children.

Pillay said the car stopped about 15m from the crash with about 12m of skid marks visible on the road.

He told the court his colleague had gone to interview the driver who had left the scene and had walked towards her house nearby.

He apparently reported that the woman said she left because she was afraid, because people were becoming violent towards her.

The children were taken to King Edward VIII Hospital.

The trial was adjourned until next month for further investigation.