What happens When you kill a cyclist

[Mojoman]

From Boere Krisis Aksie FB page:

 

Relatives of a Westville cyclist who was killed in an accident three years ago watched in disbelief as the motorist charged in connection with the crash walked free out of the Durban Magistrate’s Court on Monday.

Cyclist Allan Seager died in... the crash on Masabalala Yengwa (NMR) Avenue in June 2008.

 

Nkosinathi Buthelezi, 28, of Durban, handed himself over to police three weeks after the accident. He was charged on three occasions with culpable homicide, but the charges were provisionally withdrawn each time because the police investigators had not completed their case docket.

[divernick]

I must admit that I have very little confidence in SA's justice system. How many other guilty people walk free because of police and procedural incompitence? It's a very scary situation....

[pauloc]

Seriously - no sentence at all? If he came forward willingly doesn't that mean that he admits guilt??

 

Our justice system is seriously stuffed. I was watching Carte Blanche on Sunday and they were covering the Kebbele Murder / Suicide trial. The 3 hitmen that admitted to killing him were set free because they co-operated with police and were honest about the incident. Surely that doesn't give you the right to get off with killing someone??

[tombeej]

Ja I was waiting for this to appear on the hub, because it's the front page lead in today's Natal Mercury paper.

 

The wife of the guy who died eventually hired a private detective to investigate the accident because the police incompetence had been so bad. Nevertheless, the judge said there was not enough evidence to convict the driver (the PI couldn't undo all the damage done by the initial police investigation).

 

Moral of the story for me: if something like this happens to either me or someone close to me, the first thing to be done is hire a PI to get onto the case. Don't wait for the police.

[Caerus]

I know the family and this is sickening, cannot believe he got off The guy knew he hit someone, heard the bang, got out his car looked around and then just left cause he says he didn't see anyone.

Edited April 5, 2011 by Caerus

[MTBer wannabee]

yip, you can get away with murder nowdays.

[Caerus]

yip, you can get away with murder nowdays.

 

I had tears in my eyes when I saw that on the front page this morning, I know what they have been through the last three years.

[Klaus]

Disgusting !

 

 

Not even a fine - I think this sets the tone in how cyclists are perceived.

 

I feel for the family, this cannot be easy to handle.

[Klaus]

This has probably been on before but just in case:

 

A TAXI driver with two previous convictions for driving under the influence of alcohol was yesterday sentenced to an effective 12 years in prison for killing university student Jason Kruger two years ago.

Kruger, 20, of Sedgefield, a first- year linguistics student at NMMU, was knocked off his bicycle by a taxi near the campus in February 2009.

Initially, Luthando Lennox Bonkolo, 40, of NU5, Motherwell, was charged with culpable homicide, but this was later changed to murder.

Bonkolo, who was granted R1000 bail on December 10 last year, pleaded guilty to murder and driving under the influence of alcohol. The level of alcohol in his blood was found to be about five times the legal limit of 0.05g per 100ml when the accident happened in Admiralty Road, Summerstrand.

State prosecutor Mark Drimann yesterday emphasised the seriousness of the offence and requested a jail term.

Earlier, defence attorney Robin O‘Brien said his client was remorseful for his actions and had requested forgiveness from the Kruger family for their loss.

He said it was a tragedy that had not only changed the lives of the Krugers, but also of his client, who was unable to sleep at night and drank excessively thereafter.

Earlier, Jason‘s father, Zwai Kruger, told the court he and his family, particularly his wife, were struggling to come to terms with the loss of their first-born.

“It‘s difficult to accept what happened and it‘s something you do not get used to,” he said.

Kruger, who is a lawyer by profession, said he accepted Bonkolo‘s apology. Whatever sentencing Bonkolo got, it would not bring his son back.

Magistrate Dewald Allers said the pain and suffering of the Kruger family had not escaped him. “To raise a boy and send him to a varsity in a foreign city takes guts, and to hear that he has passed away is devastating,” Allers said.

He cautioned taxi drivers against reckless driving and driving under the influence of alcohol.

Bonkolo was jailed for 12 years for murder and two years for driving under the influence of alcohol. However, the court ordered that the sentences run concurrently.

The university yesterday welcomed the sentence. “It will not bring Jason back, but we are hopeful the sentence sends out a clear message that abusing the rules of the road will not be tolerated,” said NMMU spokesman Roslyn Baatjies.

 

My link

[Caerus]

Disgusting !

 

 

Not even a fine - I think this sets the tone in how cyclists are perceived.

 

I feel for the family, this cannot be easy to handle.

 

 

Its not just how cyclists are percieved, it seems anyone that kills someone in a car accident gets off with a slap on the wrist. The need seperate courts dealing with road accidents & deaths.

[GrumpyOldGuy]

Our justice system is seriously stuffed. I was watching Carte Blanche on Sunday and they were covering the Kebbele Murder / Suicide trial. The 3 hitmen that admitted to killing him were set free because they co-operated with police and were honest about the incident. Surely that doesn't give you the right to get off with killing someone??

 

I like many others have a serious issue with that case and now there has been a book written about it. I listened in amazement on Friday as the author was interviewed on radio and spoke of these three thugs like they were her best chums, talking about their honour amongst each other and how they were so honest with her...............I was appalled, in my opinion they are murderers and common criminals, they dont deserve to be glorified in any book.

 

Not even a fine - I think this sets the tone in how cyclists are perceived.

 

 

I hear your point but it would have been the same outcome had it been a pedestrian or another motorist, the problem in the police is simple, there are too many poorly trained and poorly equipped police who, although one hopes their intentions are good, simply can not function adequetely as investigative officers with their substandard level of training.

 

Criminal attorneys today run rings around the police investigations as we see daily.

The result is the courts have to let the accused walk free due to the poor level, or complete lack of evidence provided by the police.

Its a long list of problems from public prosecutors who have dozens of cases to handle, way beyond their work load and cant prepare properly in time, to incompetant police officers responsible for high level investigations. The courts can only work with the evidence in front of them and when the police investigation is found to be wanting, the case is tossed out.

[Wannabe]

Just to add a different perspective to this. The victim was a white male, the accused a black male. The white male died, the black male walked. All part of the plan. Sorry, call me cynical (or delete my post) but I have seen similar things happen too often with a frightingly consistancy to think it is just coincidinse (sic)

[scotty]

 

I hear your point but it would have been the same outcome had it been a pedestrian or another motorist, the problem in the police is simple, there are too many poorly trained and poorly equipped police who, although one hopes their intentions are good, simply can not function adequetely as investigative officers with their substandard level of training.

 

 

True and that the part i have trouble with, they know who the investigating officers , they know who the prosecutor is (he/she should have guided the police on areas lacking)but what will happen, Nul. IMO they should be suspended,their conduct investigated and either dismissed or sent for retraining so this type of thing does not occur again.

[Azonic]

This has probably been on before but just in case:

 

A TAXI driver with two previous convictions for driving under the influence of alcohol was yesterday sentenced to an effective 12 years in prison for killing university student Jason Kruger two years ago.

Kruger, 20, of Sedgefield, a first- year linguistics student at NMMU, was knocked off his bicycle by a taxi near the campus in February 2009.

Initially, Luthando Lennox Bonkolo, 40, of NU5, Motherwell, was charged with culpable homicide, but this was later changed to murder.

Bonkolo, who was granted R1000 bail on December 10 last year, pleaded guilty to murder and driving under the influence of alcohol. The level of alcohol in his blood was found to be about five times the legal limit of 0.05g per 100ml when the accident happened in Admiralty Road, Summerstrand.

State prosecutor Mark Drimann yesterday emphasised the seriousness of the offence and requested a jail term.

Earlier, defence attorney Robin O‘Brien said his client was remorseful for his actions and had requested forgiveness from the Kruger family for their loss.

He said it was a tragedy that had not only changed the lives of the Krugers, but also of his client, who was unable to sleep at night and drank excessively thereafter.

Earlier, Jason‘s father, Zwai Kruger, told the court he and his family, particularly his wife, were struggling to come to terms with the loss of their first-born.

“It‘s difficult to accept what happened and it‘s something you do not get used to,” he said.

Kruger, who is a lawyer by profession, said he accepted Bonkolo‘s apology. Whatever sentencing Bonkolo got, it would not bring his son back.

Magistrate Dewald Allers said the pain and suffering of the Kruger family had not escaped him. “To raise a boy and send him to a varsity in a foreign city takes guts, and to hear that he has passed away is devastating,” Allers said.

He cautioned taxi drivers against reckless driving and driving under the influence of alcohol.

Bonkolo was jailed for 12 years for murder and two years for driving under the influence of alcohol. However, the court ordered that the sentences run concurrently.

The university yesterday welcomed the sentence. “It will not bring Jason back, but we are hopeful the sentence sends out a clear message that abusing the rules of the road will not be tolerated,” said NMMU spokesman Roslyn Baatjies.

 

I remember this case vividly. I cycled past the spot where he was hit 3 times this morning.

 

If I recall correctly he was in hospital, and actually started to recover nicely, when things started going downhill badly all of a sudden. Bumps on the head usually cause serious problems, if not immediate.

[EigerSA]

I saw the paper this morning and was horrified myself. Having been a former policeman, I know how difficult it can be to investigate something like the above, there certainly is no csi like on tv. A big part of the problem is the workload detectives have to carry around, a mate of mine carries 40+ active dockets at any one time. Unfortunately because of this, some cases receive priority and some fall to the way side. The only time this is ever going to change is if the law changes in order to allow civil action against individual police members; you'll see a major change of attitude then I reckon.

 

On the other side of the coin, are we as cyclists doing enough for the local law enforcement to take serious? I think very often we all have something to say on the forums and then forget about it the second we log off. I have suggested it before, and I'll do it again, mass actions do work so perhaps a critical mass in Durban and other centers should be considered?

[GrumpyOldGuy]

True and that the part i have trouble with, they know who the investigating officers , they know who the prosecutor is (he/she should have guided the police on areas lacking)but what will happen, Nul. IMO they should be suspended,their conduct investigated and either dismissed or sent for retraining so this type of thing does not occur again.

 

Yeah, I agree the police really need to up their training, but it also has to do with ability. Unfortunately we have a situation where unqualified people are appointed to positions where they find themselves way out of their depth.

 

PP's have an incredible work load to get through, I know a PP in JHB who can have 10 / 12 courts cases in a day to prepare for, compare that to a private advocate who may have two or three, and you can see its just not possible for them to prepare as well.