Update: Stander case continues

THE trial involving the taxi driver whose minibus collided with and killed Olympic cyclist Burry Stander is set to continue in the Port Shepstone Magistrate’s Court today.

A traffic officer is expected to testify about the barrier lines, to inform the court as to when it is permissible to cross such barrier lines.

The state alleged that taxi driver, Njabulo Nyawose (25), was travelling southbound on Marine Drive, near Shelly Beach, in January 2013, when he crossed the barrier line on the north-bound lane to turn right into Stott Street.

The trial resumed last week, on Thursday and Friday, after a delay in November as Nyawose’s attorney, Xolile Ntshulana, said he could not proceed with the trial because of non-payment by his client.

However, Ntshulana told Magistrate Charmaine Barnard that he would represent Nyawose free of charge.

Last week, Nyawose testified in his defence against the charge of culpable homicide or alternatively, reckless and negligent driving, to which he has pleaded not guilty.

Stander’s mother, Mandie Stander, wept as Nyawose relayed his version of the day’s events.

Nyawose testified that he did not see Stander as he turned into Stott Street. He told the court that he had only crossed the barrier line because he was trying to avoid peak hour traffic.

He said he was always a cautious driver and did not see the cyclist until he heard a bang.

Nyawose told the court how he had been threatened by ‘a group of angry white people, one of them saying they would shoot him’.

He only felt safe when he was locked in the police van.

Nyawose told Magistrate Barnard that he had spent three hours at the police station before making a statement as he was crying, and the police did not have a chance to question him initially.

State prosecutor, Christelle Rossouw, questioned how it was possible for Nyawose not to have seen Stander as he was wearing red and white cycling gear, making him highly visible.

Nyawose disputed that the red was bright enough for him to have noticed the cyclist.

Last Thursday, witness Reggie Govender testified for the defence. He told the court that he travelled in front of Nyawose all the way from Port Shesptone towards Margate.

Govender said that he didn’t see Stander that day, and the only time he saw the cyclist was when the two oncoming cars had passed.

Under cross-examination, Mr Govender told Rossouw that if there were no cars travelling towards Port Shepstone, then one could clearly see Stander because he was travelling parallel to the two cars driving in that direction.