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Durban – A warrant of arrest has again been issued for a Durban driver who allegedly caused a crash that claimed the lives of a young mother and her infant daughter in a hit and run.
The warrant was issued by magistrate Vanitha Army after Kerwin Malgas, 28, failed to appear in the Durban Magistrate’s Court on Friday. Malgas is charged in connection with an Easter weekend crash in Merebank this year.
The Dawood family were going home after a day spent with relatives when Malgas allegedly crashed into their car.
Salahia Dawood, 30, and her nine-month-old daughter, Maseehah, who were sitting in the back seat, were killed.
Malgas faces two counts of culpable homicide and further charges of negligent driving, driving an unregistered car, and failing to stop at the scene of an accident and assist the injured.
It also emerged during his previous court appearance that he did not have a driving licence, and that charge would be added to the charge sheet.
On Friday, Malgas’s lawyer, Shameer Goolabjith, produced a “sick note” and told the court his client would be available at the next date.
Prosecutor Blackie Swart said the court should not accept the sick note, as it stated only that Malgas had an “acute stress disorder” and needed counselling, and not that he was unfit to attend court.
Swart said he had information from the investigating officer that Malgas was not in court because he had relocated to Cape Town.
“The investigating officer has been looking for him to serve him with a subpoena, as the State would like to question him.
“However, he has moved from the address that he has been staying at and has apparently gone to Cape Town.”
Swart added that the sick note was also questionable, since it stated that the doctor had seen Malgas in Durban last Thursday, when police believed he was then in Cape Town.
“The accused is playing games with the court.”
The case was adjourned to August 29.
The Mercury
