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Update: Wife speaks out about husbands death

The court case against Nkhosinati Freedom Sibiya, who faces charges of reckless and negligent driving and culpable homicide, has started in the Middelburg Magistrate's Court.

Sibiya is accused of being responsible for the death of Gerald Viljoen, after being involved in an accident on the N11 (Hendrina Road) near Extension 24 in February 2014.

Mr Viljoen, who was travelling to work on a motorbike, was declared dead on the scene after he collided with the Mercedes Benz Mr Sibiya was driving.

Mr Sibiya ran away from the scene and only reported the accident hours later. He works as the head of emergency services at the Hendrina Power Station.

Testimonies given in court shocked Mr Viljoen’s widow, Jacqui, who heard the grizzly details of how her husband died.

“He was thrown meters into the air. He was lying next to the road in a fetus position. It breaks me to hear how much he suffered,” a teary Mrs Viljoen said during a break in proceedings. Standing by her side was a protective Ricardo, her 15 year-old son, still dressed in his school clothes.

Nonkwanda (surname unknown) testified that she sat in the back of the Mercedes and did not see the collision happen.

She said that Mr Sibiya was drinking and speeding at the time of the accident.

Nomphumelelo Ndebele was scolded by the court after she looked like she was going to burst into laughter through much of her testimony.

She kept on suppressing a smile and looking coyly at Sibiya, who kept his gaze downwards, before answering the state’s questions about whether she thinks he was driving recklessly and whether he was drunk.

At first she said that he drove responsibly but later said that he was speeding.

She claimed to have fallen asleep when the accident occurred and was only woken after the car collided with the motorbike.

She testified that she and Nonkwanda met Sibiya and his friends at a tavern in Hendrina the night before the accident and that he offered to take them to Middelburg.

An application for dismissal, made by Sibiya’s lawyer, Ismael Essa, was denied forcing him to step into the witness stand.

Sibiya testified that he saw a bike, travelling in his lane but in the opposite direction. He swerved to the left but could not avoid impact and collided with the bike.

He told of how he had no recollection of what happened when he was woken in a veld by three men near Extension 24.

The men took him to hospital where the police was informed. He claimed that he was driving 60km/h at the time of the accident and said that he was sober because he had just woken up after going to bed at around 23:00.

The state requested a postponement before cross examining Sibiya due to a dental emergency.

The matter was postponed until 10 July for further trial.

Father dead – no one charged

 

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