Drunk driver gets 6-year prison sentence for killing Fourways cyclist

Ishe Davani pled guilty to the charges of culpable homicide and driving under the influence of alcohol for the June 2020 crash which saw him losing control of his BMW in Fourways, trapping and dragging Preston under the car for 30 meters.

In his mitigation of sentence argument Davani took to the stand and read out a letter he had written to Preston’s family on his phone, asking for forgiveness.

The 43-year-old said not a day goes by that he doesn’t think of the accident.

However, Preston’s widow said nothing could bring back the father of two, who was also the family’s sole breadwinner.

“It’s been very hard since the call I was given that he was hit by a vehicle. I still thought that I could get there and still hold his hand and we can get through this together. Even before I could get there it was too late. It’s just never been the same with my children. It’s up and down, it’s a rollercoaster,” she said.

Davani claimed he had been drinking since the morning, and had gone to the pharmacy to buy medication for his mother who had been complaining of a headache. But, when delivering the sentence, the magistrate emphasised that he had a choice to avoid the tragedy but opted to endanger his life and those of fellow road users.

Davani acknowledged he been grossly negligent and asked the court for correctional supervision.

The court however found the seriousness of the offence did not make Davani a suitable candidate, and that it had the responsibility of sending a message that would deter other would-be offenders from committing similar crimes.

This was echoed by Preston’s wife: “We have waited two and a half years to try and find closure on this horrible time that we have been dealing with since my husband’s accident. Justice has prevailed. I am not the person who makes the court to say how many years. I take in consideration everything that the judge has mentioned, and I can just say justice has prevailed.”

At the same time, the CEO of cycling association Pedal Power, Neil Robinson, welcomed the sentence.

“I think it’s a landmark decision. There have been a lot of cases that have been thrown out in the past few years on either mitigation of sentence, evidence, the chain of command of the custody of evidence, and appeals through lack of whatever. I think it’s a fantastic result that considers the significance of the loss of the family, the children, the wife, and other families that have been left behind,” Robinson said.

Preston’s father and two sisters were among the family members in court who wept while thanking prosecutor Yusuf Baba, who had argued a for a 10-year prison sentence.  

Davani’s driver’s license has also been suspended for five years.

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