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Justice


Johan Bornman

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My friend Brian received justice in the Randburg Magistrate Court this morning.

 

In March this year he was knocked off his bike on Christiaan de Wet, close to Northgate.

 

Those of you who know the road will know it is a wide double-carriage with ample emergency lane space on both sides. Brian was riding in the yellow line (illegally actually) on the left.

 

A driver decided to overtake by moving over to the left and use the yellow lane as an overtaking lane. Being a right hand driver hit Brian before he could see it. Brian suffered severere injuries to his right elbow where the mirror clipped him. He spent many months in a sling and had to undergo reconstructive surgery to the elbow.

 

The magistrate didn't believe the driver's excuses (swerving for a pothole, warning the cyclist by hooting etc etc) and he eventually changed his plea to guilty. He has previous convictions for negligent driviing and the magistrate said she is considering the maximum penalty which is R24000 fine and six years in jail. The accused plead poverty (the gold jewellry and Julius-style watch notwithstanding) and cited several other mitigating circumstances.

 

The magistrate severely reprimanded him and said cyclists should be protected and the fact that they (cyclists) now resort to the illegal yellow lane is an indication of their fear.

 

He was fined R16000 and a suspended sentence of six months in jail, suspended for ten years.

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Good news, but worrying if the driver had previous convictions and still gets to keep his licence. He should be made to resit his test and have to spend 6 months peddling around JHB!

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Does he make good to any damages to your friends bike as it must have surely taken a tumble?

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Good to hear that the magistrates are taking this seriously. I still think that suspending his licence would have added more of a lesson to this, especially as he had a previous negligent driving ruling against him.

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would be good if this made the non-cycling press (eg News 24) so other motorists understand there can be consequences to their actions...

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would be good if this made the non-cycling press (eg News 24) so other motorists understand there can be consequences to their actions...

 

Yip - agree.

 

Where are the journos in this Hub Republic? whistling.gif

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