The motorist convicted of causing the death of Top Billing presenter Simba Mhere does not deserve to go to jail‚ his lawyer argued on Monday.
"He poses no danger to anyone. He is economically active. He works and contributes to the fiscus‚" Preshalin Naidoo's counsel‚ Advocate Francois Roetz‚ said during sentencing proceedings in the Randburg Magistrate's Court.
Naidoo has blamed mechanical failure for the accident on William Nicol Drive in Fourways‚ Johannesburg‚ on January 31‚ 2015‚ which led to the deaths of Mhere and his friend Kady-Shay O’Bryan‚ who was a passenger in the car. Mhere was driving.
During the trial‚ the court heard evidence from a tracking company that the vehicle had been speeding prior to the accident. During judgment in January this year‚ magistrate David Mahango convicted Naidoo on two counts of culpable homicide. He rejected the evidence of the defence's accident reconstruction expert that speed could not have caused the accident.
On Monday morning‚ the prosecution read out victim impact statements from Mhere's sister Valerie and his father Joseph.
"I was robbed. Simba was sitting next to me and the next minute he was gone. Simba and Kady were chatting and laughing and they were taken away‚" said Joseph.
"I can't express the loneliness I have been left with for three years. Simba not only supported me physically‚ but also financially‚" Valerie said‚ adding to the testimony from their mother as well as O'Bryan's family that was submitted to court on Friday.
But Roetz told the court there was nothing he could say to undo the tragedy.
"This is tragic. There is nothing I can submit to get them to return to life."
He asked the court to impose a "balanced" sentence on Naidoo.
"The court is a place of equity. It must see to it that justice is done by imposing an appropriate sentence on the accused."
Roetz said a suspended sentence or correctional supervision would be appropriate for Naidoo.
"It will serve the interests of justice ... It's not a slap on the wrist. Sentencing him to incarceration will absolutely be inappropriate. It will not ease the memories of anyone."
The case continues...