A sobbing Nicolene Rhoda Hickman, 33, who drove over a four-year-old boy at a shopping centre, was found guilty of culpable homicide by the East London District Court yesterday.
The incident happened at Beacon Bay Retail Park shopping centre two years ago.
The boy, Lutho Tafeni, of Nompumelelo township, died on the scene.
Hickman pleaded not guilty to the charge and argued that she did not see the boy as he was 0.8m tall and the front of her Renault Scenic vehicle was also 0.8m tall.
Magistrate Leon Kemp said Hickman conveniently changed her defence strategy mid-trial when she introduced a new argument by claiming she had been distracted by a shout from a bystander leading to the collision.
A video of the collision taken by the shopping centre’s CCTV cameras was played in court yesterday.
It showed Hickman skipping two stops moments before she drove over the boy.
Handing down judgment yesterday amid Hickman’s sobs, magistrate Kemp said: “The accused testified that and I quote, ‘as I drove off over the pedestrian crossing, I was observing. I heard a loud shout from the left-hand side, I observed to hear where it came from; I looked left and I felt a bump’. It is important to note that this version was never put to either of Lutho’s parents.”
He described the version as a “recently fabricated intelligence”.
“Looking at the evidence of the witnesses my finding is that the shout happened when Lutho had crossed the vehicle.
“The accused’s version that she was distracted by the shout and turned, and Lutho then crossed in front of her, is found to be false.
“I find that Lutho crossed at the time when the accused should have seen him and under the circumstances, I find the accused guilty of culpable homicide,” Kemp said.
He said throughout the trial, Lutho’s parents did not appear to bear any animosity towards Hickman and had no axe to grind with her.
“This judgment would not be complete without an observation about traffic flow around that pedestrian crossing and probably the other pedestrian crossing at the shopping centre.
“It is clear the traffic calming measures are inadequate and do not serve the purpose for which they are designed.
“The management of the centre would do well to heed this observation before they find themselves being held criminally and civilly liable should another death or injury arise.
“Had there be an effective traffic calming measure on the day, this tragic accident would probably have been avoided,” Kemp said.
The case was postponed to August 22 for sentencing.
Woman who ran over boy found guilty: Footage shows driver skipped stops
The incident happened at Beacon Bay Retail Park shopping centre two years ago.
The boy, Lutho Tafeni, of Nompumelelo township, died on the scene.
Hickman pleaded not guilty to the charge and argued that she did not see the boy as he was 0.8m tall and the front of her Renault Scenic vehicle was also 0.8m tall.
Magistrate Leon Kemp said Hickman conveniently changed her defence strategy mid-trial when she introduced a new argument by claiming she had been distracted by a shout from a bystander leading to the collision.
A video of the collision taken by the shopping centre’s CCTV cameras was played in court yesterday.
It showed Hickman skipping two stops moments before she drove over the boy.
Handing down judgment yesterday amid Hickman’s sobs, magistrate Kemp said: “The accused testified that and I quote, ‘as I drove off over the pedestrian crossing, I was observing. I heard a loud shout from the left-hand side, I observed to hear where it came from; I looked left and I felt a bump’. It is important to note that this version was never put to either of Lutho’s parents.”
He described the version as a “recently fabricated intelligence”.
“Looking at the evidence of the witnesses my finding is that the shout happened when Lutho had crossed the vehicle.
“The accused’s version that she was distracted by the shout and turned, and Lutho then crossed in front of her, is found to be false.
“I find that Lutho crossed at the time when the accused should have seen him and under the circumstances, I find the accused guilty of culpable homicide,” Kemp said.
He said throughout the trial, Lutho’s parents did not appear to bear any animosity towards Hickman and had no axe to grind with her.
“This judgment would not be complete without an observation about traffic flow around that pedestrian crossing and probably the other pedestrian crossing at the shopping centre.
“It is clear the traffic calming measures are inadequate and do not serve the purpose for which they are designed.
“The management of the centre would do well to heed this observation before they find themselves being held criminally and civilly liable should another death or injury arise.
“Had there be an effective traffic calming measure on the day, this tragic accident would probably have been avoided,” Kemp said.
The case was postponed to August 22 for sentencing.
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