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Jub Jub's lawyer points fingers at Tshabalala

Molemo “Jub Jub” Maarohanye and Themba Tshabalala are appealing for leave to appeal their sentences.

Musician Molemo "Jub Jub" Maarohanye and Themba Tshabalala are seen in the dock at the Protea Magistrate's Court in Soweto on 16 October 2012, where they were found guilty of murder and attempted murder. Picture: Werner Beukes/SAPA

SOWETO - Prosecutors in Molemo "Jub Jub" Maarohanye and Themba Tshabalala's appeal application have accused them of playing the blame game.

The two on Thursday were applying for leave to appeal their 20-year sentences for four counts of murder and four years for two counts of attempted murder.

They ploughed their cars into a group of schoolboys on Mdlalose Drive on 8 March 2010, while drag-racing on the public Soweto road.

Prince Mohube, Mlungisi Cwayi, Andile Mthombeni, and Phomello Masemola were killed, while Frank Mlambo and Fumani Mushwana were left permanently brain damaged.

Maarohanye's new lawyer, Rudi Krause, challenged his client's conviction, saying it was Tshabalala who crashed his car into the children.

He questioned the way the doctrine of common purpose was used to find his client guilty, although he says there was little evidence to prove his intent.

But State Prosecutor Raymond Mathenjwa dismissed Krause's argument, saying both men had been negligent resulting in the deaths and said that proved their intent was of no relevance.

He said testimonies by witnesses proved the accident was as a result of them street-racing.

At their sentencing on 5 December, they received an additional three years each for using drugs, driving under the influence of drugs and alcohol, and racing on a public road.

The court said although their crimes added up to 27 years each, the pair would only serve an effective 25 years in jail each.

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