The lawyers acting for a motorist charged in connection with a crash that killed a businessman are in the final stages of reaching a plea agreement.
|||Durban - The lawyers acting for a motorist charged in connection with a car crash that killed a Durban businessman are in the final stages of reaching a plea agreement that would avoid a full-blown trial.
This emerged in the Verulam Regional Court on Monday when the 20-year-old appeared for the start of his trial.
It is alleged the accused was driving a BMW M3 that crashed into a VW Golf driven by businessman Liam Symington, 40, on Umhlanga Rocks Drive in January 2011.
Symington died in the accident and his two daughters, aged six and 13, were seriously injured.
His lawyer, Nishan Mahes, concurring with the State’s plea for an adjournment - because the prosecutor assigned to the case was not available - said that after months of negotiations, they had an “in principle” plea and sentencing agreement with the State.
“All that is required is for the agreement to be taken to the family (of the deceased),” he said.
The magistrate agreed to the request for an adjournment and urged the parties to speed up the proceedings because the matter had been on the court roll for more than a year and she wanted to see it finalised. The matter was adjourned until June 18 for the finalisation of the sentencing agreement.
The accused, who cannot be named in terms of a court order that affords him the protection of a minor - although he is no longer one - faces charges of culpable homicide, reckless or negligent driving, and driving without a licence.
On Monday, advocate Anthonie Troskie SC, acting on behalf of the Daily News, tried to bring an application to name the accused on the basis that he was no longer a minor.
He was opposed by advocate Ann Skelton, for the Centre for Child Law, who argued that while the accused was legally an adult, when the alleged crime was committed he was a minor.
The magistrate said that listening to the application would be an indulgence the court could not afford because there were other matters on the court roll for the day.
She suggested the parties meet outside court, as “some matters are better resolved around a table”.
Daily News