/ 14 January 2009

Court hears of fatal crash

The Pretoria Magistrate’s Court heard on Tuesday how a car with a family of four spun several times, hitting a concrete barrier with each spin until it burst into flames, killing a mother and son.

State witness Tom Wills gave this evidence in the trail against Onndwela Luvhani.

The 26-year-old from Centurion allegedly crashed his BMW into the Jan Martins’ Mazda on the Ben Schoeman highway on April 28 2008.

Martins’ wife and son burnt to death in the car.

The court earlier heard that Martins managed to pull his seven-month-old daughter, Fiaza, out of the wreckage. The car exploded before he could get to his wife Chamel (29) and five-year-old son Riaz.

Luvhani pleaded not guilty to two charges of culpable homicide, a charge of driving under the influence of alcohol and one of reckless or negligent driving.

Wills said he was driving in the centre lane towards Johannesburg at about 4am that morning. The Martins family was in the right lane a few metres ahead of him.

”A black BMW came past me in the fast lane. He changed lanes towards the middle one. The BMW hit the other car. Both cars spun and the Mazda hit the concrete barrier dividing the highway with each spin,” the witness recalled.

The Mazda caught fire. Wills saw Martins pulling a baby out the vehicle before it exploded.

Luvhani’s lawyer, Kabelo Seabi told Wills that Martins was in the centre lane, moving to the right lane, thereby blocking the BMW in the fast lane.

”The BMW swerved and that was how the accident happened.”

Wills disagreed, saying: ”I saw his car in the right lane before the accident.”

Constable Jean Johan van Zyl was the first officer on the scene. He saw a car burning in the right lane of the highway. Martins told him that a BMW had been travelling at a ”hell of a speed” and crashed into them.

”The man was very traumatised. He kept crying for his wife and son,” Van Zyl said.

He could not get close to the car, as the flames were too hot.

The constable could see the remains of ”a human skeleton burning in the front passenger seat”.

When more help arrived, Van Zyl went to the BMW on the other side of the road. The driver’s door was open and the key was in the ignition. There was also a bottle of Chivas Regal whiskey, three quarters full, on the floor of the front passenger seat.

Van Zyl had the number plate traced to a Ms Luvhani. He went to the address where he found the accused asleep. After waking the man, Van Zyl said he saw his eyes were bloodshot, he smelled of alcohol and was unsteady on his feet.

He handcuffed Luvhani and took him back to the accident scene where another police officer took the man for blood tests.

The trial would continue on March 10 when Martins was expected to testify. – Sapa