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TOUGH TIMES: Popstar Kelly Khumalo sits next to her boyfriend Molemo Jub Jub Maarohanye in the Protea magistrate's court yesterday

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Maarohanye and Themba Tshabalala face 10 charges, including four of murder, two of attempted murder and the use of drugs and one count of racing on a public road.

The accused's cars veered off a road in Soweto and crashed into a group of schoolchildren while they were allegedly drag racing.

The crash led to the death of Andile Mthombeni, Mlungisi Cwaya, Prince Mahube and Mpumelelo Masemola. Maarohanye and Tshabalala have both pleaded not guilty to the charges and both gave no plea explanation.

Metro police officer Gordon Maseko said Maarohanye tested positive for chlorine and morphine on the day of the accident. Maseko said Maarohanye and Tshabalala were sent for tests because they both seemed confused at the accident scene.

"Maarohanye kept rubbing his nose with two fingers and in my experience that is normally done by people who sniff drugs. Tshabalala smelt of alcohol," Maseko said.

He said the two also seemed not to know what had happened.

"Maarohanye kept asking how many kids had died. He kept asking to go to the toilet to pray," he said.

"The accused will deny that he intended to kill the deceased. He will deny that he attempted to kill the victims," Ike Motloung, Maarohanye's lawyer said.

"He will deny that he drove recklessly and that he had taken any drugs. He will deny he was involved in any racing."

Penelope Shivambu, who investigated the accident scene, said her findings showed that the blue Mini Cooper driven by Tshabalala was the one that crashed into the four children. She said the charcoal Mini Cooper driven by Maarohanye was travelling on the wrong side of the road.

"Eyewitnesses I interviewed at the scene said the two cars were racing when they lost control, collided and went off the road," she said.

The trial continues tomorrow.

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Wed May 22 07:15:15 SAST 2013 ::

Dec 14, 2010

Charmaboy

JubJub, let me tell u this. You can get away with this in court, but just know that the parents, relatives and all who were touched by this incident are praying hard for justice to be done. If u get away with this in court, it will still hunt you back in your life and everything will never be right for you.
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Dec 14, 2010

Thugnificent

These guys look like they attending a fashion show. I would be a bit more remorseful and plead guilty. tell the parents what realy came ova me and ask for a linient sentence. How will he live with this?
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Dec 14, 2010

LAC

Ai
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Dec 14, 2010

Bopha

But that's being stupid. How can u plead not guilty knowing what you've done. And he's making things worse for himself to the Protea community as well the school kids
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Dec 14, 2010

BrothaX

These chaps have been charged with murder & attempted murder & with these charges they have the right to plead not guilty as in my view & supposedly according to the law, they have not committed murder. They were supposed to be charged with capable homocide & in law books these 2 are different.
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Dec 14, 2010

PERMIT

eisshh hope Kelly will stick by
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Dec 14, 2010

BillytheKid

@BrothaX, you are right the charge was supposed to be capable homocice and another thing it is said"the blue Mini Cooper driven by Tshabalala was the one that crashed into the four children. She said the charcoal Mini Cooper driven by Maarohanye was travelling on the wrong side of the road"so if we were to be technical, what would you say was Jub Jub's crime here?


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Dec 14, 2010

QueenB

I knew it...tis idiot has been hibernating to cum back n tell us tis kak lyk seriously now...jubjub at the end of the day its btwn u n God n u knw wht u did n u claim to b so holy however u cnt face to the music wht a coward nxeee
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Dec 14, 2010

BrothaX

@Billy the Kid(The legendary),The media & society seems to be prejudiced or biased against Jub Jub, they have found him guilty of murder even before their trial went to court.Don't get me wrong, I am not saying he is guilty or innocent, the court will decided. Yes he played the role in this whole saga but based on the facts or finer details he might get away for the murder he is being charged for and maybe charged for something else (maybe driving under the influence of drugs & alcohol...). I mean his car is not the one that hit the kids & the officer is said so herself.
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Dec 14, 2010

Uhuru

@BrothaX, most of us think with emotions instead of intellect. The state and most f the people, felt like being revenging on the death of the boys by incorrectly putting in murder charges instead of charges for culpable homicide caused by negligent and reckless driving. This is where Maarohanye and Tshabalala will score.
I am a novice in law but I agree with U that in law culpable homicide and murder are not the same. I am not sure how they do it in Botswana but a case like this carry a death sentence there. If it was Botswana Maarohanye and Tshabalala were most certainly going to hang.

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