BLOEMFONTEIN – The driver of the Toyota Hilux bakkie that was involved in the fatal accident in which three children of the Dr C.F. Visser School in Bloemfontein were killed appeared in the Bloemfontein Regional Court yesterday.
Tristan Kearney (20) appeared on three counts of culpable homicide, one count of reckless and negligent driving, disregarding a road traffic sign, and violating regulations pertaining to the number of people he could carry in that car. He did not plead to the charges.
The case reached this stage following the completion of the culpable homicide investigation by the Bloemfontein police. The matter has been postponed to 21 January next year in the same court.
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Kaydene Davids of Netwerk24 reported that the case was brought forward after Kearney’s legal representative, Adv. Allen Simpson, approached the court earlier as he was unavailable on the initial date. It was scheduled for today, 3 December. According to Simpson, “there is no sinister reason for the request that the case be heard on Tuesday.”
Following this, Regional Magistrate Rasheed Matthews set down Kearney’s matter for 21 January.
The tragic accident, involving a Toyota Hilux bakkie and a Chevrolet Spark, occurred on 24 January this year. It happened at about 07:45 at a four-way intersection on the N8 highway where there are traffic lights in Bloemfontein. Of the deceased children, two were brothers Ryan (6) and Ayden (8) Smit while the third was their niece Leané van Papendorp (8). Ryan and Leané died instantly. Ayden reportedly died later that day in the Busamed Hospital, Bram Fischer Private Hospital, when his heart stopped for the second time.
The fourth child Tennique Joubert (6) and Adri Jonck, driver of the Chevrolet Spark, miraculously survived the fatal accident. Tennique had emergency surgery performed on her after she went into a coma following the accident. Adri is the mother of Leané.
Kearney was reportedly travelling alone in the bakkie and was heading east along the N8. The Chevrolet Spark driver was following traffic along Kruger Avenue.
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