Pretoria - The relatives of two Christian Motorcyclists Association members who died in 2010 when a Hummer smashed into them have declined to accept any financial settlement from Indi Chiyabu, the man responsible for the accident.
The Pretoria North Regional Court was told by Chiyabu’s lawyer, Makhi Mogaga, on Thursday that an offer had been made to the families. But because of the “absence of common ground between the parties”, a settlement was no longer an option.
State prosecutor advocate Tanya Carstens said Chiyabu thought a settlement would show remorse and be a peace offering to the families, but the State was of the opinion that it was intended as intimidation.
“The State finds the demeanour of the accused disrespectful towards the victims’ families. He has shown no remorse,” she said.
In February, Chiyabu was found guilty of culpable homicide after he smashed into Pieter Coetzee, 49, Johannes Kruger, 33, and Coetzee’s son, also Pieter, now 27, with his Hummer in the early hours of October 16, 2010. The Hummer burst into flames and Chiyabu fled. He handed himself over to police five days later.
Coetzee sr and Kruger were declared dead at the scene. Coetzee jr suffered serious injuries resulting in his right leg being amputated above the knee.
The usually overfull courtroom, packed with motorcyclists from various motorcycle clubs, was unusually empty on Thursday. Coetzee jr and his mother, Christa, supported by a few relatives, listened attentively as Carstens described the effect the accident had on Coetzee jr and his family.
Since the accident Coetzee jr had been wheelchair-bound as he had not been able to wear a prosthetic leg. His leg shattered near the hip during the accident and he could not put any pressure on the leg.
Carstens argued in aggravation of sentence that Chiyabu had been entrusted by his mother to drive the Hummer responsibly. He had also been entrusted by the authorities, who had issued him a driving licence, to drive in a responsible manner. “The State considers that this breach of trust should be aggravating.”
Chiyabu, who is from Zambia, was using his Zambian driving licence.
Carstens argued that Coetzee and Kruger had died in the prime of their lives and that Coetzee jr had been scarred for life. The only appropriate sentence would be jail time.
The sentence should also send a message to society, she said.
The court heard that Kruger’s death had affected his family severely and that his father was still receiving psychological treatment. The family were suffering financially as they were taking care of Kruger’s nine-year-old daughter who had also lost her mother in a car accident in 2002.
Carstens emphasised that video footage handed in as evidence proved Chiyabu had no control over the vehicle.
In mitigation of sentence Mogaga said the accident was a tragedy and he could not imagine how difficult life must be for Coetzee jr. But he argued that public interest and public opinion should not affect the sentence. He said his client should not be punished for the sins of other motorists, but for his own.
Sentence is due next week.
Pretoria News