Former local DJ Luyanda Mona was driving too fast and should have clearly seen the men who died after he ran into them with his car in Joza, in November 2006.
On Monday in the Grahamstown Regional Court he was found guilty on three counts of culpable homicide, failing to stop his vehicle after the accident, failing to ascertain the nature and extent of any injury sustained by any person, and failing to render assistance to the injured person.
Former local DJ Luyanda Mona was driving too fast and should have clearly seen the men who died after he ran into them with his car in Joza, in November 2006.
On Monday in the Grahamstown Regional Court he was found guilty on three counts of culpable homicide, failing to stop his vehicle after the accident, failing to ascertain the nature and extent of any injury sustained by any person, and failing to render assistance to the injured person.
The charges stem from a hit-and-run in Nompondo Street, where three friends were killed – Ayanda Liwani, 34, Zamile Makafe, 30 and Sipho Stamper, also in his 30s.
Two died at the scene, while the other died later in hospital.
Delivering her judgment, magistrate Onica van Pappendorf said, “The deceased were clearly visible, you could have seen them. This is corroborated by the evidence of the first state witness, who said she could see the men approaching, although she was seated at the back of the vehicle,” said van Pappendorf. The fact that the witness was drunk at the time, Van Pappendorf said, did not detract from the relevance of her evidence.
"She was with the accused when the incident took place.”
She said judging from the damage to the vehicle, and the position of the two bodies, which ended up far apart, Mona had been driving too fast. “Facts in the matter speak for themselves. The accused caused the death of the three men negligently. He could have acted differently, and he failed to act as a reasonable man would have done,” she said.
She also found Mona guilty on the charge of failing to report the incident to the police.
“The accused had a chance to report the matter to the police, but never did so,” said Van Pappendorf, summing up her judgment.
Van Pappendorf postponed the matter to December 14 to allow the state time to consult with the families of the deceased, and to obtain a correctional services report, before imposing sentence. Mona is out on warning.
