Missing evidence in petrol station crash trial raises concerns

The trial of 35-year-old Jagadisha Harishun, who is facing culpable homicide charges following a deadly crash in December 2022, is set to continue in the Pinetown Regional Court.  

Harishun is accused of crashing his Audi into a petrol bowser at the Palmerston Shell garage on Stella Road on December 10, 2022. The resulting explosion claimed the lives of 58-year-old Randhir Ramsunder and 41-year-old Chundra Naidoo.

It is alleged that Harishun was under the influence of alcohol and driving at high speed when he lost control of the vehicle after approaching a bend from West Park School, climbed the kerb, and collided with both a white Renault Triber and the petrol bowser.

During the State’s case, Sergeant Teboho Pharelo revealed that critical evidence was never collected in the aftermath of the crash. 

“There was no blood drawn from Harishun because there were no blood-collecting kits, and neither was he taken to the district surgeon,” he said. 

The SAPS detective revealed that the investigation was compromised because potential witnesses left the scene before police could interview them.

“Most people left the scene before our arrival. Those who removed the victims from the vehicle were not interviewed, and when we asked the garage staff members about these people, no one knew their details," Pharelo explained to the court. 

Warrant Officer Basil Munsamy further testified that the crash vehicle was immediately removed.

“Because the accused father and family were present, the Audi was towed away from the scene by the family’s preferred towing company. To where the vehicle was towed is unknown to me,” Munsamy explained. 

The warrant officer further revealed that when he approached Harishun at the scene, Harishun tried to walk away, but the public stopped him. 

Harishun, who is currently out on R2,000 bail, recently had his Section 174 application — an application to be discharged of his charges due to insufficient evidence — dismissed by the court. The defence is now expected to present its case on February 19.

nomonde.zondi@inl.co.za