Tears after ‘justice served for Jamie’

The relieved parents of Port Elizabeth student Jamie Baartzes burst into tears when the man they had feared would walk away unpunished after her death in a fatal crash was convicted.

Amos Sinyanya, 30, who was driving on the wrong side of the M4 freeway and did not have a driver’s licence when the accident occurred in 2016, was convicted of culpable homicide yesterday.

The case had been dealt a severe blow earlier this year when results from a blood test kit – that showed Sinyanya was three times over the legal limit – were withdrawn because an expired kit had been used.

Sinyanya stared down at the floor as the judgment was handed down, not looking at anyone in the court room.

Baartzes’ emotional parents, Chantal and Justin, however, burst into tears and embraced each other in joy.

Chantal said they felt justice had finally been served and that her daughter had been vindicated after Sinyanya implied in court that she had been to blame for the accident.

The Nelson Mandela University teaching student, 19, had been on her way home to Sunridge Park after studying at the university, when Sinyanya’s BMW – allegedly travelling at high speed – collided with her Chevrolet Spark shortly before 1am on March 15 2016.

The crash occurred opposite the harbour, about 1km from the Walmer Boulevard intersection.

Baartzes, who was in her pyjamas, died on the scene while being treated by medics.

Sinyanya had claimed during the trial that Baartzes was speeding and that her car’s lights had been on bright.

“We never doubted she was not guilty – we are very grateful that her name has been cleared,” her mother said yesterday.

Sinyanya was also convicted of driving a vehicle with only a learner’s licence, without the supervision of a licensed driver.

His attorney, Zolile Ngqeza, had brought an application earlier to have the charge withdrawn, saying that the state had not called a witness to testify in this regard.
But it was dismissed by magistrate John Montgomery.

“It is common cause that the accused drove the vehicle on the date in question,” he said.

“He did not have a licence and, on his own submission, admitted to driving the said vehicle.”

The defence then closed its case without calling any witnesses, including Sinyanya, to testify.

The court found that the state had proved beyond a reasonable doubt that Sinyanya had driven on the wrong side of the M4 freeway.

In his plea statement read out in court previously, Sinyanya said it was dark and he had not realised he was on the wrong side of the road until it was too late.

However, Montgomery found that this was not a reasonable explanation after he had driven over a no-entry sign on the road and passed an overhead sign depicting the same.

He said in his judgment: “With regard to the area, there is a big board that says no entry, would it still be reasonable to continue driving on that road?”

Montgomery said from photographs taken at the scene, coupled with witness testimony, it was clear to him what had happened on the night in question.

“The area is common to myself and, although dark, there is sufficient lighting and huge signs indicating access,” he said. Photographs clearly depicting the impact of the two cars also proved Sinyanya’s explanation that he had stopped on the side of the road was wrong.

“I cannot draw any other inference than [Sinyanya] was negligent,” Montgomery said. Sinyanya’s assertions that he had his hazard lights on at the time of the accident were also refuted, after expert testimony revealed that both cars had their lights on but that Sinyanya’s car’s hazard lights were not on.

Montgomery said he was satisfied that the state had proven beyond a reasonable doubt that Sinyanya was guilty on the charges of culpable homicide and driving without the supervision of a licensed driver.

After the ruling, Ngqeza asked for a correctional supervision and probation officer’s report to be compiled before sentencing, which Montgomery approved.

Sinyanya will be sentenced on June 29.