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Tokollo's trial drama

By unknown | Feb 28, 2008 | COMMENTS [ 0 ]

Kamogelo Seekoei

Kamogelo Seekoei

Kwaito star Tokollo Tshabalala's trial began on a dramatic note yesterday when a state witness fainted while giving evidence in the Village magistrates' court in Gaborone, Botswana.

Kebonye Tsiaka could not handle the humidity in the unventilated courtroom and appeared to buckle under intense cross-examination from Tshabalala's counsel Collin Garvey.

Tshabalala froze when Tsiaka, the first state witness, hit the wall with his head in the witnes stand and his eyes started rolling.

Magistrate Lot Moroka adjourned the case for a few minutes for the witness to recover.

Tshabalala is facing two counts of causing death by dangerous driving, the equivalent of culpable homicide in South Africa.

Before Tsiaka's fainting spell, Garvey had asked him whether the silver BMW that Tshabalala was allegedly driving had hit his minibus during the 2001 accident.

Tsiaka collapsed before he could reply.

When the hearing resumed, Tsiaka told the court that on the day of the accident he did not see the BMW at the intersection of the main road when he entered it. He said he looked in both directions but only saw the red car that Maria Josephine Monyatsi was driving coming from his right hand side of the road.

Tsiaka said the red car was far enough to allow him to join the main road.

But only 15 metres into the main road he felt his car shake as if rocked by the wind and saw the BMW overtaking at high speed.

"The next thing I know the BMW had hit the oncoming red vehicle ..."

During cross-examination Garvey said that 15 metres was too short a distance for Tsiaka not to have seen the BMW.

He suggested that Tsiaka had seen both cars but chose to enter the road, which caused the accident.

Sergeant Moses Serumule told the court that he had tried to stop the BMW, which was not speeding but was unsteady on the road. When Serumule and his partner approached the car on foot it sped off.

He identified the driver as Tshabalala but his lawyer said he was only able to do so because he got his details from a nurse at the hospital.

Fifteen witnesses are expected to give evidence.

The trial continues today and is expected to end tomorrow.


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