Trial of driver in fatal pupil crash delayed again

Pietermaritzburg - The trial of a woman charged with eight counts of culpable homicide arising from the deaths of eight Fezokuhle Primary School pupils, who were killed after the woman lost control of the bakkie they were travelling in and crashed into a house, was delayed yet again at the Pietermaritzburg Regional Court on Wednesday.

The bakkie driver, Lungi Mthimkulu, 33, appeared briefly before a court gallery packed with family members of the victims, charged with eight counts of culpable homicide, alternatively, reckless and negligent driving.

Mthimkulu has pleaded not guilty to the charges, claiming that the brakes of the bakkie were defective.

The trial was expected to start on Wednesday, however Mthimkulu’s advocate, Shane Matthews, requested an adjournment because an expert report was not ready.

The expert report revolves around the brakes and mechanics of the vehicle.

“The report is not ready yet. The expert has indicated that he requires more time and also needs to visit the scene,” Matthews said.

Prosecutor Ricky van Wyk did not oppose the adjournment, saying that it was important that the State also has sight of the report before going to trial, as the basis of Mthimkulu’s defence was brake failure.

It was established at the time of the accident that at least 26 children were being transported in the bakkie when the accident occurred.

Eight children were killed and 17 injured, some critically.

The trial has been adjourned to August 29.

Speaking to the Daily News on Wednesday, one of the victim’s relatives said they were unhappy with the delay.

“We are still suffering. We are still grieving. We cannot move on until justice is done. These delays just prolong our misery,” the emotional woman said.

After the spate of bakkie accidents involving schoolchildren in the province over the past year, the then KZN Transport MEC, Willies Mchunu, confirmed that his department was looking at amending regulations to make it illegal for bakkies to transport passengers.