BLOEMFONTEIN – The culpable homicide criminal case against the driver of the Toyota Hilux bakkie that was involved in the road accident last year in which three learners of the Dr C.F. Visser School died, is set to continue in the Bloemfontein Regional Court today – Wednesday 21 January.
The matter against the 20-year-old Tristan Kearney was postponed to the said date, following his first appearance in court on 2 December last year.
According to court papers, Kearney is facing three counts of culpable homicide, one count of reckless and negligent driving, a charge of disregarding a road traffic sign, and violating regulations pertaining to the number of people he could transport in that vehicle.
Kearney is yet to formally respond in court to the charges. His legal representative is Adv. Allen Simpson.
The case reached this stage following the completion of the culpable homicide investigation by members of the Bloemfontein police. It now marks almost a year since the tragic accident occurred on 24 January 2025.
The accident happened at about 07:45, when the bakkie Tristan was driving collided with a Chevrolet Spark at a four-way traffic light intersection on the N8 highway, opposite the Aljos shopping centre in Kruger Avenue, Estoire.
Kearney was reportedly heading east along the N8 in the bakkie at the time of the accident. The Chevrolet Spark driver was following traffic along Kruger Avenue. She was transporting the children to school.
Among the deceased children were two brothers, Ryan (6) and Ayden (8) Smit; the third was their cousin Leané van Papendorp (8). Ryan and Leané died instantly. Ayden reportedly died later that day at the Busamed Bram Fischer Private Hospital after his heart had stopped for a second time.
The fourth child, Tennique Joubert (6), and Adri Jonck, driver of the Chevrolet Spark, survived the accident. Tennique underwent emergency surgery after she had entered a comatose state.
Adri is the mother of Leané.
