Statements by metro police officers testifying in the trial of musician Molemo “Jub Jub” Maarohanye and co-accused Themba Tshabalala left out vital information about Maarohanye’s suspicious behaviour during his arrest, the Protea Magistrates’ Court heard on Wednesday.
The arrest relates to the alleged drag racing accident that killed four school children and left two with permanent injuries.
“I find it strange that in your statement you did not mention such vital information about my client’s appearance after the accident,” Maarohanye’s attorney Ike Motloung said.
He was questioning Sergeant Jennifer Mabote, the state’s second witness, about what led her to suspect that Maarohanye and his co-accused were high on cocaine.
“I forgot to write it in my statement, but I noted it in my pocket book,” said Mabote.
Mabote and Constable Gordon Maseko took the two for an alcohol and drug test where they both tested positive for cocaine and morphine.
Tshabalala was found to be over the alcohol limit.
Target
They were both arrested and charged with murder, attempted murder and driving while under the influence of drugs.
Motloung also accused metro police officers of testing his client for drugs because of his celebrity status.
“You came there knowing that you will find something, be it drugs or alcohol. Especially with my client.”
However, Maseko testified this had not been the case as he saw no difference between the two.
“To me they are the same,” he told the court.
Motloung said Maarohanye was made to blow into an alcometer, used to test the amount of alcohol in a person’s blood, more than five times.
Maseko denied this, saying: “Both suspects did not give me any problems.” He said Maarohanye and Tshabalala’s gestures led him to suspect the two were on drugs.
Maseko at times wouldn’t answer some of Motloung’s questions, opting instead to give long explanations.
Not guilty
Maarohanye and Tshabalala have pleaded not guilty to the 10 charges against them.
They 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 the injuries caused by the accident.
They are on trial following an accident that killed four children in Soweto on March 8 this year.
Andile Mtombeni, 19, Phomelelo Masemelo, 16, Mlungisi Cwayi and Prince Mahube, both 17, were killed as they were walking home from school.
Fumani Mushanana, 17, and Frank Mlabo, 18, suffered serious injuries, including brain damage. — Sapa