Driver’s appeal over death fails

A man who killed a teenager in 2016 on Humewood Road in Port Elizabeth has had the appeal against his conviction dismissed by the Grahamstown High Court.

William Taute was convicted and fined R4 000 in October on the grounds that he had not returned to the scene of the accident.

But Judge Glenn Goosen on Tuesday dismissed the appeal, saying there was no basis to interfere with magistrate Johan Potgieter’s verdict.

Taute was charged with five offences after the accident, when he was driving his work bakkie and hit two teenagers, killing Jay-Dean Lucas, 16.

He was acquitted of four of the charges, including driving with a blood alcohol level of more than 0.05g and culpable homicide.

“The treatment of this evidence in the judgment reflects no misdirection of fact or law,” Goosen said.

“It follows from what is set out above that there is no basis to interfere with the magistrate’s verdict.”

Taute was arrested shortly after the accident while on his way to report the incident at the Humewood police station.

Potgieter acquitted Taute of driving under the influence of alcohol, due to inconsistencies in testimony regarding the time lapse between the accident and Taute’s blood tests.

He said the tests had to be done within two hours, but it was unclear whether this had been the case.

At the time of his conviction, Praylene Lucas, Jay-Dean’s mother, said she was unhappy.

“Taute has apologised many times, but now he is free,” she said. “Is this really how justice works?”