The man who allegedly killed a matric meisie in Bonteheuwel in a car crash has been granted R3 000 bail after the State failed to provide reasons for him to stay innie mang.
Gershwin Jacobs, 32, was charged with culpable homicide and reckless and negligent driving after the collision which left Grade 12 pupil Tatum Hendricks dead.
The 18-year-old was on her way to her mom in Melkhout Street when the car ploughed into her.
The horrific impact flung her onto a nearby roof, while another victim, 28, was injured.
Jacobs showed up in court in a wheelchair on Wednesday. Prosecutor Mr Stewe said he should stay in jail as the case received a lot of coverage: “The community is outraged by the accident, they trust in justice and police.
“I have been informed by the ward councillor that should he get bail today, his life is at risk.”
But, Magistrate Sean Lea took issue to this and replied: “That doesn’t mean that just because it’s in the media it will get special preference.
“The State doesn’t want to be unpopular with the community and is sitting on the fence and wants the court to be unpopular, I must be the bad guy. Everyone must not like my face.
“My heart goes out to the loved ones of the deceased.
“However, no matter how horrific the consequences of his actions were, we took the oath to respect the law and this is not a popularity competition.”
The defence said Jacobs has a fixed address in Bonteheuwel and an alternative, while he has a family to support.
His attorney Niel Slabber said: “He has no pending matters, never been convicted, will not interfere with the witnesses and will come to his court appearances. He is married with children.”
Warrant Officer Rochelle van Schalkwyk echoed Stewe’s words but ultimately, Lea granted bail and postponed the case to February 22 next year for further investigation.
Jacobs has been ordered to stay out of Bishop Lavis, Kalksteenfontein, Valhalla Park and Bonteheuwel.
Outside court, Slabber told the Daily Voice that his client was not drunk on Sunday.
“The blood test has failed to prove that he was drunk,” he added.
But, Tatum’s hartseer mom Mishka Adams, 45, said the State failed her.
She said: “He has kids to get back to and I don’t have my daughter anymore and that is what hurts me the most. How dare they give him bail, how?”
Ward councillor Angus McKenzie was disappointed in the work ethic of the prosecutor: “The magistrate was very clear on some of the requirements from the prosecution and they lacked on all of them.
“The investigating officer had to be called in when she should have been here.
“There was no docket or any profile of the accused.
“We are going to pursue this right up to the very end and get justice.”