Reporter: Jade Witten
A lawyer has described to the Wynberg Magistrate’s Court the crash scene near UCT in which a woman died after a rock had smashed through her windscreen and struck her in the face, allegedly causing her death. Attorney Rafi Weiner told the court yesterday of hos, on August 23, 2008, he had found Lauren Devine in her car, unconscious and with a pool of blood in her lap. Weiner said that, as he was travelling on the M3 from Cape Town towards Constantia, he noticed debris on the road. He said he saw that a silver car – later established by police as the Ford Fiesta that belonged to Johan Crous – had crashed in to the barrier dividing the M3′s incoming and outgoing lanes. A rock dislodged from the barrier when Crous’s car crashed into it, had allegedly smashed into the windscreen of Devine’s Renault Clio, striking her in the face. Crous faces a charge of culpable homicide, alternatively reckless and negligent driving, in respect of the crash. Weiner said the guardrail on the M3 had been “severely damaged”. “I thought, thank God that rail was there.” Weiner also saw Crous and a woman sitting outside his car. They appeared unharmed. About 60 metres farther, Weiner saw a friend’s car parked on the side of the road, behind Devine’s car, and decided to stop. He said Devine’s car had been hit by “some object” because both the front windwcreen and the back window were smashed. “Inside the car I saw a young woman who was wearing her seatbelt. She was unconscious, breathing heavily, she was alive. She suffered severe trauma to the head and no other injuries. A pool of blood gathered in her lap… shattered glass was inside the car… my initial reaction was to call emergency services,” he said. Weiner said a doctor and dentist stopped, but could do nothing for Devine. “(About 20 minutes later) emergency services tried desperately to keep her alive. It was most traumatic and despite all their efforts, they couldn’t save her (and) she died at the scene,” he testified. Cross-examination is expected on May 17.
MAN PLEADS NOT GUILTY AFTER FATAL M3 CRASH
Reporter: Jade Witten
The State has withdrawn a charge of driving under the influence of alcohol against the man on trial for the death of Lauren Devine on the M3 nearly two years ago. At 0.08g/100ml of blood, Johan Crous’s blood-alcohol level, according to the charge sheet, was above the legal limit of 0.05g/100ml. But prosecutor Momina Ismail did not explain the decision to withdraw the charge, saying only that it had been done on the instruction of the senior public prosecutor. She told the Wynberg Magistrate’s Court that the State was proceeding only with the charge of culpable homicide, alternatively reckless and negligent driving, against Crous. A smartly dressed Crous, 29, of Hout Bay, pleaded not guilty to the charge and its alternative yesterday. Crous’s lawyer, Reaz Khan, read into the record his client’s plea explanation. In it, Crous confirmed he was the driver of a Ford Fiesta and that he had been driving on the M3 near Woolsack Drive on August 23, 2008, the day Devine 24, died. It is the State’s case that Crous lost control of his car, causing it to dislodge a rock from an embankment on the M3 near UCT. The rock then smashed through the windscreen of Devine’s Renault Clio, striking her in the face. The Newlands woman drove another 20m before she collapsed in her car at the side of the road and died. Crous denied responsibility for Devine’s death, he also said his vehicle did not collide with hers. Constable Mzwanele Plaatjie was the first witness for the State yesterday. The second fo the State’s five witnesses was due to testify today. Crous was warned to return to court.
Reporter: Melanie Gosling
ANTHONY Cooper, 36, the Briton charged with starting a wildfire on Table Mountain in January, will be lucky if his case is heard this year. After Cooper’s brief appearance in the Cape Town Magistrate’s Court on Friday, the case was postponed for the third time and referred to the regional court. Cooper’s attorney, Reaz Khan, said yesterday: “Now that it’s gone to the regional court, it could be heard in June next year.” The case initially drew extensive interest from the public, angry at the increasing frequency of runaway fires on the Peninsula where the culprits are seldom brought to book. Here was a case where witnesses claimed to have seen Cooper tossing his stompie from a car on Tafelberg Road on the day of the fire. Since then, the case has limped along. Cooper, charged with arson and culpable homicide – because a British tourist died in the fire – first appeared in court on February 10. The case was postponed to March 31, then to May 28 and now to June 28. The prosecutor, Juanita Swart, asked for the postponement because the state was still waiting for a “fire report” and a statement from one witness. Khan objected to yet another postponement, saying there had clearly been negligence in the investigation. He suggested that the court, which had granted a final postponement in March, would be condoning the state’s negligence should it grant another postponement. Magistrate Herman van der Merwe agreed it was “extremely unacceptable” that no one had bothered to take the witness’s statement, but postponed the case. Yesterday Khan said: “When I spoke to the investigating officer the first time, he was trying to obtain a witness statement. That was five months ago. Now I believe there is some report still outstanding on the amount of damage the fire caused. “I raised my objection because at the last appearance I asked that the next appearance, May 26, be marked ‘final’ and it was. Now it’s postponed again.” Khan said he believed the outstanding witness statement was from a taxi driver who apparently saw Cooper flick his stompie out of the car window. He said the public prosecutor had asked him on Friday to consider a plea bargain. He and his client had declined. “Then I asked the senior prosecutor to consider withdrawing the charges. I’ve been in touch with fire experts and in my opinion the state does not have a strong case against my client, unless they come across further evidence. “The senior prosecutor didn’t even know it was on the roll for Friday or that the postmortem report had been completed”, Khan said.
Verslaggewer: Chantelle Nicholas
KAAPSTAD – “Die Britse toeris wat verdink word van die stigting van die verwoestende brand teen Tafelberg waarin ‘n bejaarde vrou dood is, sal aanstaande maand in die streekhof hoor wat sy lot is. Landdros Herman van der Merwe het gister beslis die saak teen mnr. Anthony Cooper (36) kan nie weer uitgestel word nie. Cooper staan in die Kaapstadse landdroshof tereg op aanklagte van strafbare manslag en brandstigting nadat ‘n natuurbewaarder glo gesien het hoe ‘n sigaretstompie deur ‘n motorvenster gegooi is. Dit het na bewering die brand in die Tafelberg-Nasionale Park veroorsaak. Cooper het vroeër vandeesweek ook op ‘n aanklag van dronkbestuur hier verskyn nadat ‘n lasbrief vroeër vir sy inhegtenisneming uitgereik is. Sy prokureur, mnr. Reaz Khan, het gister aan Van der Merwe gesê die lasbrief is gekanselleer nadat Cooper later die dag sy opwagting by die hof gemaak het. Hy was nie daar toe die saak begin het nie. Me. Juanita Swart, staatsaanklaer, het aan Van der Merwe gevra of die saak uitgestel kan word omdat sy wag op ‘n verklaring van ‘n staatsgetuie en die brandverslag. Khan het op sy beurt gesê hy meen nie die saak moet weer uitgestel word nie omdat “daar nalatigheid was met die ondersoek aan die kant van die staat.” Volgens hom is daar “vandag geen verskoning vir ‘n verdere uitstel nie.” Hy het gesê as die hof die staat se versoek toestaan, sal dit lyk asof die staat se nalatigheid oorgesien word. Cooper, geklee in ‘n geel-en-swart baadjie met ‘n roomkleurige broek, het gedurende die hof verrigtinge regop in die beskuldigingsbank gestaan en effens senuweeagtig voorgekom. Van der Merwe het gesê dit is onaanvaarbaar en vreemd dat ‘n getuie se verklaring nog nie afgeneem is nie. Die saak is tot 28 Junie vir verhoor uitgestel.”