‘Justice system has failed us’
THE acquittal of a former learner driver who crashed his mother’s car into a wall, resulting in the death of his best friend, has shocked the deceased’s family, who has vowed to challenge the ruling.
Deon Govender, 21, of Sydenham, walked free from the Durban Magistrate’s Court on Monday after he was acquitted on a charge of culpable homicide.
His friend, Akshane Singh, 18, of Westville, who was with Govender and another passenger on the night of December 26, 2014, sustained severe head injuries and slipped into a coma after the VW Polo crashed.
He died nine days later. Govender said in a letter, read out for the family in court before judgment, that Singh had been his
best friend, “my brother and my confidant”.
“We shared joys, sorrow, tears and McDonald’s moments. I am sorry. I need your forgiveness so I can start the healing process.”
Govender and his family breathed a collective sigh of relief when he was acquitted due to the failure on the State to prove its case.
Prosecutor George Ncemane told POST later that he had tried his best to ensure justice for the Singh family.
“It’s very unfortunate that these two were friends but I hope the (conclusion) of this case can help both families find some closure.”
However, Singh’s family said they were far from finding closure.
“I cannot accept his apology. I gave him three years to approach us but we got nothing and now he wrote a letter. I can’t even explain how I feel,” said Akshane’s distraught mother Sivy, 57. “Akshane was the light in my life and it’s like my soul is dead but I’m still alive.”
She sat in court with a group of women from Angel Moms, a support group.
The group’s Di Glenday told POST she had supported Sivy throughout the trial and was horrified at Monday’s outcome. “They lost because of accuracy. The investigation was not done properly,” she said. “Justice was not done today.”
Singh’s brother Sanesh said motorists accused of reckless driving were being let off the hook based on the State producing poor cases in court.
“The justice system has failed us. We have not found closure as a family and we intend on fighting the court’s outcome. We have not been happy with the prosecution team of the Durban court from the inception of this case and our intentions are to take this up with the relevant authorities. The important fact that my brother lost his life at an age of 18 years seems to have been forgotten, while in my opinion the accused’s future was given priority.”
Govender’s lawyer Mervin Maistry said they were not surprised by the acquittal.
“There’s actually no win here. The only good thing I feel is that this young man can now move on with his life.”