Emotions ran high at Maun Magistrates’ Court last week when a brother and sister recounted the harrowing moment they watched in helpless horror as their mother was fatally hit by an out-of-control Land Cruiser in their yard.
The tragedy dates back to 22nd March, 2016 in the tourist town’s Sedie ward and has left Lesego Tsiara facing a charge of causing death by driving a motor vehicle in a condition likely to constitute danger to the public.
The 44-year-old’s trial started last Monday, when he came face-to-face with the children of Boipuso Mafoko, 50, the woman he accidently killed seven years ago.
Testifying for the prosecution, the dead woman’s daughter, Itumeleng Mafoko, 29, took to the stand, telling court she was at home sitting in front of their mothers’ mud hut when a car suddenly swerved into the yard at speed.
“I was with my mother, brother, my child and my aunt’s children when the car approached us. Seeing that the car was not stopping, we froze in panic. My brother then threw my daughter to the other side but, when he turned for my mother, the car had already hit her and the entire wall fell on top of her.”
She revealed that as soon as the car came to a halt, Tsiara managed to reverse the vehicle.
Together, they removed her mother from the rubble and rushed her to Sedie Clinic where she was certified dead upon arrival.
“Before the car hit my mother, I could see the driver struggling with the car trying to maneuver it to the other direction but he failed,” finished Itumeleng.
Similarly, her big brother, Mpho Mafoko, 33, told court he had been working with Tsiara, who, on the day in question, had come round to fetch him so they could finish up their building project.
“When we saw the car coming, we just ignored it thinking it would park as usual. When I realised that the car was now fast approaching us, I threw my niece, who was sitting on my lap, to the other side and, when I turned for my mother, the car had already hit her,” testified Mpho.
Next to take to the stand was the vehicle’s owner, Amos Kudumo, who revealed Tsiara had borrowed his Toyota Land Cruiser to run his errands when he was later called and informed it had been involved in an accident.
Testifying on the roadworthiness of the vehicle, Kodumo said, “I service it once every year since I do not use it regularly. I cannot remember the exact date that I had serviced it prior to the incidents but it was months before and it was just minor servicing of changing oils and other simple things.”
If found guilty, Tsiara faces a minimum fine of P10 000 or possible imprisonment should he fail to pay within the stipulated time.
The case returns to court on 28th July.
