KZN reckless driving appeal dismissed

Pietermaritzburg - The reckless driving conviction and sentence imposed on a driver who hit a travelling train at a level crossing was upheld by the KwaZulu-Natal High Court in Pietermaritzburg on Tuesday.

Judges Isaac Madondo and Johann Ploos van Amstel rejected Divesh Ramphol's appeal against the conviction and sentence handed down by the Scottburgh Magistrate's Court in 2013.

The magistrate's court had sentenced him to a R20 000 fine or 12 months' jail, half suspended.

In June 2012, Ramphol drove into a train at a level crossing at the Rocky Bay caravan park with four passengers in his vehicle. The passengers sustained slight injuries.

He pleaded not guilty, alleging that his vision was obscured and that the train's headlights were not on.

However, the train driver, KB Stewart, contradicted him.

Photographs of warnings at the crossing were included in the court records.

In convicting him, Scottburgh magistrate D Maharaj said that the train had the right of way and that drivers who recklessly drove into trains could not expect leniency from courts.

Maharaj allowed Ramphol, who earned R4 000 a month and had three children, to pay the fine at the rate of R500 a month.

A previous reckless driving conviction was taken into account in sentencing.