Titus Dube: Reported brake fault

The court was told that driver Titus Dube, who has admitted culpable homicide, believed the brakes had failed and was trying to steer round a sharp turn when the coach plunged 35 feet down a ravine.

Defence counsel and prosecutors have appealed for Dube, who was severely injured in the accident and has shown great remorse, not to be jailed.

Dube, 41, a father-of-five from Johannesburg, was appearing at Lydenburg Regional Court for sentencing on Monday.

Defence counsel, Gerhard Kotzee, said Dube "assumed" the brakes had failed when he tried to slow the bus and felt it accelerate instead, as he had experienced brake problems earlier in the journey.

"On this assumption and with the safety of his passengers in mind, he attempted to steer the steadily accelerating bus round the curves with the intention of stopping it in a gravel trap.

"But at precisely the last curve before he would have reached safety he lost control of the bus, precipitating its fatal roll."

Brake mistake

The court was told that Dube - who suffered spinal and leg injuries in the crash - had since been unemployed, causing severe hardship to his family who had been forced to sell vegetables to survive.

Dube had initially blamed faulty brakes for the accident, but mechanical problems were later ruled out.

He and his family have suffered a great deal

Petra Oberholzer Probation officer

He realised his error when he read the police accident report, the court was told.

This report - which estimated the bus was travelling at 73mph - found that the brake and accelerator pedals were close together, both hydraulically operated and felt the same.

It said Dube would not have heard the rising engine noise and would probably have been distracted by oncoming traffic and noise from the terrified passengers.

"In this scenario the failure of the driver to correctly identify the problems could be described as inevitable," the report said.

Crash site visit

Prosecutors agreed that Dube's negligence could not be considered gross or reckless and that a non-custodial or suspended sentence only should be imposed.

Probation officer Petra Oberholzer said: "Although the accused was instrumental in the loss of 28 lives, he never intended any harm.

"Furthermore, he and his family have suffered a great deal and it is therefore not recommended that he be punished further."

The magnitude of the tragedy is out of all proportion to my client's initial error

Gerhard Kotzee Defence counsel

The court adjourned briefly so the magistrates could inspect the site of the crash at Long Tom Pass.

Dube went down on his knees to pray for the crash victims, as he had done on previous visits to the site.

Mr Kotzee said pressing the wrong pedal was the only mistake of Dube's 20-year driving career.

"That this mistake had the consequences it had was beyond his effective control."

The Britons who died, who were aged between 50 and 82, had been taking a tour of South Africa, organised by Thomas Cook with Johannesburg-based coach company Springbok Atlas.

The 28 crash victims were: John and Marian Clifford, of Colchester; Clifford and Irene Culling, of Norwich; Margaret Dartnell, of Middlesbrough; Jean Dryden, 72, of Surrey; Geoffrey and Jean Francis, of Ludlow; Alvin and Virginia George, of Maidenhead; Jacqueline Hunsley, of Leeds; Edward Jameson, of Purfleet; Clive and Patricia Jones, of Stoke-on-Trent; Valerie Leigh, 67, of Frome; Valerie Mallett, of Wellingborough; David and Brenda Mostyn, of Sipson; Donald and Beryl Moutell, of Plymouth; Mary O'Neill, of Leeds; Heather Salter, of London; Josephine Shorey, 82, of Bath; Wendy Anne Smith, 55, of Purley; Anthony Sparrowe, 63, of Humberside; Mrs L Witt, of Purfleet; Katherine Thompson, 60, of Sheffield; Tour guide Reg Dennett, of Johannesburg.

Sentence will be passed on Tuesday morning.