THE on-off trial trial of Preshalin Naidoo, who faces two counts of culpable homicide after his car was involved in a crash with two other vehicles killing popular , Zimbabwean television Top Billing presenter Simba Mhere and his passenger, blogger Kady-Shay O’Bryan, has once again been postponed.
On Thursday (today) the 24-year-old accused, who is out on bail, appeared before the Randburg Magistrates Court, but because of a dispute over new data evidence the state wants to introduce the matter was postponed to October.
Naidoo was involved in the fatal crash along William Nicol Drive in Fourways‚ Johannesburg, on January 31‚ 2015. Mhere‚ 26‚ and O’Bryan‚29, died on the scene. Mhere’s father‚ Joseph‚ who was also in the car survived the crash.
State Prosecutor Dinesh Nandkissor told the court he was ready to call a witness who would testify about the data retrieved from the tracking device that was in Naidoo’s vehicle.
However, defence lawyer Advocate François Roets said he was opposed to the state being allowed to introduce evidence so late in the trial and he was also concerned about how the data evidence was obtained.
Nandkissor reiterated his previous stance saying the evidence was in the form of data and that research had been done. He said the evidence was data that was stored and printed from a computer.
“The person who retrieved the information is available to clarify the message,” Nandkissor said.
However, Roets argued that because the evidence was data from a computer, it fell under the Electronic Communications and Transactions Act, which states that the information can not be accessed without a certified officer being present and verified before it can be used.
After a short adjournment Roets asked if the State and the defence could be allowed to compile heads of arguments to assist the court to make a decision on whether or not the data evidence could be admitted.
Nandkissor objected saying that Naidoo’s trial had already been postponed many times and the State wanted to conclude the case as planned.
However, Magistrate David Mahango granted the request by the defence and postponed the trial to 24 October. – ANA