The first day of popular hip-hop musician Molemo “Jub Jub” Maarohanye’s murder trial ended in the Protea Magistrate’s Court on Monday.
Maarohanye and co-accused Themba Tshabalala face 10 charges, including murder and driving under the influence of drugs, following a road accident which killed four schoolchildren in Soweto earlier this year.
The state began its prosecution by calling two witnesses — accident scene investigator Penelope Charmaine Shivambu and metro police officer Gideon Maseko.
Shivambu testified Jub Jub had been driving on the wrong side of the road and veered into the left lane when he saw an oncoming car, allegedly while racing with Tshabalala.
She testified that witnesses saw the two men racing their Mini Coopers before they collided with a group of school children. In statements witnesses had said the two cars crashed into each other before they struck the children.
Shivambu however said there was no evidence at the scene that suggested the two cars had collided.
Maseko, who took the two men from the scene to two testing stations, testified they both tested positive for morphine and cocaine. Tshabalala was also over the alcohol limit of 0,25mg per litre. He had 0,4mg of alcohol per litre in his blood.
“At the scene I spoke to a group of boys who told me that when they saw the grey Mini Cooper, it was being driven by a famous singer.
“They moved closer to the two cars as they wanted to observe the singer,” he said.
The boys told him Jub Jub and Tshabalala had had a short conversation before driving off at high speed.
“Here in Soweto we have a big problem with racing. Racing is like a fashion,” Maseko said.
Jub Jub’s lawyer Ike Motloung dismissed the evidence as hearsay, as Maseko hadn’t taken written statements from the boys.
“I put it to you that you have concocted this statement to support a certain case,” Motloung said.
Motloung said his client would give evidence later in the trial suggesting he was not racing with Tshabalala.
Tshabalala and Jub Jub earlier pleaded not guilty to all 10 charges brought against them.
The two face four counts of murder with alternate charges of culpable homicide, two counts of attempted murder with an alternate charge of reckless or negligent driving, use of drugs — mainly cocaine and morphine — and driving while under the influence of drugs. They are also charged with failure to ascertain the extent of injuries caused by the accident. — Sapa