/ 19 April 2010

Police mum on Jub Jub test allegation

Gauteng police did not want to comment on a report on Monday that the blood alcohol results of entertainer Molemo “Jub Jub” Maarohanye may not be valid due to a delay in taking his blood sample.

“We cannot comment on that. The case is before court and that forms part of the evidence,” said police spokesperson Lieutenant Lungelo Dlamini.

The Star reported that the families of the four schoolboys allegedly killed by Molemo “Jub Jub” Maarohanye and Themba Tshabalala intended to start their own investigation into the tragedy.

The publication reported that police took six hours after the March 8 crash in Soweto to test the blood alcohol level of the two accused.

The two men were reportedly taken to the Dube Vocational Testing Centre for breathalyser tests, but the Dräger testing machine used at the centre was suspended from use two weeks prior to the incident and cannot be used as evidence in court.

The accused were then allegedly taken to Chris Hani Baragwanath hospital six hours later for the tests.

The first blood alcohol test was conducted on Tshabalala at around 10.30pm, and Maarohanye was tested 30 minutes later, the report said.

This was four hours later than the required period to conduct tests on any person suspected or charged with drunk driving, according to The Star.

Andile Mthombeni, Prince Mohube, Mlungisi Cwayi and Phomello Masemola died when the two men crashed their cars.

Joburg metro police department spokesperson Chief Superintendent Wayne Minnaar said the allegation that the testing was delayed was “an exaggeration”, and that officers followed procedure.

However, he said that any person charged with drunk driving should be tested within the prescribed two hours for the prosecution to prove a solid case.

Meanwhile, the African National Congress (ANC) has distanced itself from the reported “political solution” and “interference” by the party in the case of Maarohanye and Tshabalala, as reported in the newspaper.

“We would also like to refute with contempt allegations of the involvement of any senior-ranking official of the ANC in this case” said party spokesperson Jackson Mthembu in a statement.

“The ANC believes in the independence of the judiciary regardless of who the alleged transgressors are. Consequently, the contrition that any individual or group might have made in the election campaign of the ANC nor their relations to the ANC has no bearing on the application, interpretation and the execution of the decisions of the our courts.”