Bridge crash lawyer pleads guilty

MORNINGSIDE grandmother, Audrey Bell, continues to mourn the death of her young grandson Conner and daughter-in-law Gillian, more than two-and-a-half years since they were killed in a crash on Athlone Bridge, but she is no closer to getting justice and seeing the man responsible for her loss behind bars.

Audrey Bell hoped that accused “bridge lawyer” Koobashen Naicker would look at her and see the faces of Connor and his mother Gillian on her T-shirt when he appeared at Durban Magistrates Court on Monday to make his guilty plea. “I want him to look at me and see that he has taken two of the most wonderful people from my life,” Bell said.

Her son, Jason, was still far too upset to come to court she said. “Since the crash which claimed the lives of 8-year-old Connor who was a pupil at DPHS, Gillian (32) and 19-year-old dancer, Carmen Hunter, Bell said life hadn’t been the same. “We do what we have to but the joie de vivre has gone from our lives. Connor was a special mature little boy and the rainbow in my sky, my whole life,” said the doting gran. Bell said she, together with Connor’s other grandparents, do their best to support Jason and “be loving grandparents to our granddaughters.”

South Africans Against Drunk Driving supported Bell as she went to the plea hearing. The SAAD’s Charlotte Sullivan said, “We are here to protest and support the families and register our unhappiness at the way the justice system has handled cases of drunk driving. The slow process with postponement after postponement prolongs the pain and suffering of victim’s families. The accused has more rights than the victim.”

Bell recalled when Naicker was released on bail earlier this year. “We were shocked and horrified in March when we heard that he was let out on R8000 bail and given his driver’s licence. I’m hoping that when we leave here he will be incarcerated and face what he has done,” she said.

After three hours in court Bell was disappointed when she did not get what she came for.

Naicker’s attorney, Advocate Christo van Schalkwyk read out his guilty plea to eight counts against him. Four of the counts where other reckless and negligent driving incidents incurred between 2009 and 2011, Contravening the National Road Traffic Act for speeding, failing to stop, disobeying police, drunk driving and driving under the influence of drugs in areas, north of Durban as well as uShaka Marine World’s parking lot when it was restricted from public. He pleaded guilty to the four counts and blamed a detached retina and his use of drugs and alcohol which he claimed affected his peripheral vision and led to the fatal collision in Durban North.

Count five to eight related to the Athlone bridge crash. Naicker admitted to driving recklessly and culpable homicide, admitting in the guilty plea that his “negligent driving caused the deaths” of the three victims.

The magistrate, Blessing Msani accepted Naicker’s guilty plea and indulged Van Schalkwyk’s extension of bail as well as the advocate’s request for an extended adjournment to gather reports from a social worker, clinical psychologist, opthomologist, criminologist and other experts (as it would be near impossible to obtain these whilst Naicker was incarcerated).

Shaking her head as she clutched onto family and SAAD members Audrey Bell said she would have to “break the news to the rest of the family.”

“It is exactly what we expected,” said Sullivan. “It is rubbish that these reports can’t be done while he is in jail, but we are glad that he has finally pleaded and we are moving forward with this case.”

Caro Smit, director of SAAD said she was disappointed. “How can a man with a (self-admitted) drug and alcohol problem, leave court without being alcohol monitored. It is a relapsing illness that needs monitoring so he doesn’t kill anyone else!”

The case has been adjourned to the end of January 2014. Naicker’s reports need to be handed to the state attorney on or before 10 January 2014.

State Advocate Mahen Naidu said he was happy with the extended adjournment as the defence had asked for many reports. “We need time to consider it,” he added.