Vehicle Brake Failure Lands Man In Court


…charged for causing death

A 45-year-old man of Sedie Ward this week stood trial before the Maun Magistrate’s Court accused for causing the death of a 58-year-old woman in March 2016 by driving a motor vehicle which was reportedly in a condition likely to constitute danger to the public.

The accused person Lesego Tsiara is said to have in the morning of March 22nd drove a motor vehicle belonging to Amos Kodumo in company of one, Gothusang Kefentse to the deceased, Boipuso Mafoko’s residence to collect her son, Mpho Mafoko. 

It is said upon arrival the accused person failed to stop the car subsequently hitting the deceased against the wall of a house in the yard.  Kodumo, Kefentse and Mafoko are witnesses of the state in the matter.

Giving evidence before court during trial on Monday, Kefentse who was accompanying the accused person indicated that Tsiara had told her that the car was failing to stop as he kept on trying to apply brakes. The car according to her continued rolling towards the direction of the old woman and her family but to no luck it went on to hit the deceased.

“I asked him if he saw the people who were sitting in the yard the direction he was driving, and the reply was yes, but he told me that the car couldn’t stop. The car hit one person and the wall collapsed on her,” Kefentse said.

For her part, Mafoko who is the deceased’s daughter said from her observation when the car was approaching them the accused person was doing something which seemed like he was trying to stop it.

She indicated that upon entering the yard the car was moving at a moderate speed and went on to hit her mother. Mafoko added that she and her other family members narrowly escaped the accident as they managed to quickly move away.   

She added that the house they were seating in front of was about 60 meters from where the car was coming from and she is convinced that there was enough space for the accused to have avoided hitting the deceased.

Kodumo who is the owner of the said Toyota Land Cruiser told court that he usually services the car once every year because he doesn’t regularly use it.

“I cannot remember the day it was serviced from the date of the accident but it was taken to a minor service some months before the accident,” Kodumo stated.

He indicated that he had borrowed the accused person the car for two days and on the second day the incident happened.

Tsiara will appear in court again on the 28th July 2023 for continuation of trial where the last state witness who is the Investigating Officer of the case will take the stand.


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