The Burry case: Dropping and reinstating of charges

[TimW]

And a piece from the Star on the NPA ...

 

Shock as strong cases lost by incompetence

Political interference is added to inexperience and lack of leadership, derailing much good work, say critics

 

Botho Molosankwe

Political interference, lack of leadership, experienced yet unmotivated prosecutors leaving the profession, a lack of objectivity.

These are just some of the problems, according to defence lawyers, facing the National Prosecuting Authority.

They result in shock acquittals, supposedly strong cases being suddenly struck off the roll, charges being withdrawn, and angry magistrates blasting the State for shoddy work.

In the latest incident, culpable homicide charges against the taxi driver who allegedly knocked down cyclist Burry Stander in January were provisionally withdrawn on Tuesday when the magistrate refused to grant another postponement.

This comes soon after the corruption case against Kaizer Chiefs’ Bobby Motaung and his co-accused, involving more than R1 billion, was struck off the roll. In that case, the magistrate said he could not foresee the State continuing as the case had been postponed seven times already.

But two Mpumalanga Hawks members, who spoke to a Sunday paper on condition of anonymity, said they smelt a rat, adding that the investigation was complete, but if the NPA had a way of killing the case, it would.

“It’s just that they don’t know how it was investigated and are therefore resorting to technicalities,” one said.

A senior defence lawyer who asked to remain anonymous said there was a lack of proper leadership and guidance in the NPA and many experienced prosecutors were leaving. They were no longer motivated because of political interference.

The man, who has over 35 years’ experience, said many lawyers were shocked to read about the “unnecessary rigorous justice system” to which Sizwe Mankazana had been subjected. Mankazana was the driver of the car that crashed, killing Nelson Mandela’s great-granddaughter, Zenani, in 2010. He was acquitted.

“A just justice system is one that only prosecutes if there is a case. A political decision was made to prosecute the case (Mankazana’s) even though it had been reported that the car crashed because of a burst tyre.

“The problem is that cases that should not be prosecuted end up being prosecuted and those that are supposed to be prosecuted end up not being prosecuted,” he said.

NPA spokeswoman Bulelwa Makeke said while they could not pretend that some prosecutors were not incompetent, it would also be unfair to blame the NPA entirely when some cases did not go as far as hoped.

She said different factors determined the success of a case, such as the evidence and its ability to stand the test of dispute. “In instances where the shortcoming relates to a question of law… the criticism would be fair in that we can confidently say that the prosecutor was incompetent.

“However, in cases that are not successful because of the lack of quality in evidence and testimony, then that is totally unfair to cast aspersions on the NPA. We do concede that there are instances where we’ve found that cases were not successful purely due to the incompetence of the prosecutor allocated to the case and in those cases there are internal procedures to deal with the prosecutor.”

 

Burry Stander January 2013:

Njabulo Nyawose allegedly knocks down cyclist Stander who later dies of his injuries. The case is fraught with postponements and on Tuesday, July 2, magistrate Piet Coetzee refuses to grant another postponement to prosecutor Nozipho Maseko, who says they have not decided whether they will prosecute Nyawose or not. Charges against Nyawose have been provisionally withdrawn.

 

Andries Tatane April 13, 2011: Tatane dies after he is kicked, beaten and shot by police officers during service delivery protests in Ficksburg, in Free State. Tatane’s death is caught on camera. Seven police officers are arrested but all of them are acquitted when the magistrate says that the State has not proved its case beyond reasonable doubt and that it has failed to prove who the officers are who attacked Tatane.

 

Arthur J Brown March 7, 2007: J Arthur Brown is arrested on 192 charges related to the misappropriation of about R1-million company, Fidentia. Charges fall way over time and six years later the State proceeds with just nine. On May 15, he receives a R150 000 fine. Judge Anton Veldhuizen criticises the State’s handling of the case, asking why the chief financial officer of the Financial Services Board, Dawood Seedat, is called to testify only after Brown is convicted.

[Captain Fastbastard Mayhem]

And a piece from the Star on the NPA ...

 

Shock as strong cases lost by incompetence

Political interference is added to inexperience and lack of leadership, derailing much good work, say critics

 

Botho Molosankwe

Political interference, lack of leadership, experienced yet unmotivated prosecutors leaving the profession, a lack of objectivity.

These are just some of the problems, according to defence lawyers, facing the National Prosecuting Authority.

They result in shock acquittals, supposedly strong cases being suddenly struck off the roll, charges being withdrawn, and angry magistrates blasting the State for shoddy work.

In the latest incident, culpable homicide charges against the taxi driver who allegedly knocked down cyclist Burry Stander in January were provisionally withdrawn on Tuesday when the magistrate refused to grant another postponement.

This comes soon after the corruption case against Kaizer Chiefs’ Bobby Motaung and his co-accused, involving more than R1 billion, was struck off the roll. In that case, the magistrate said he could not foresee the State continuing as the case had been postponed seven times already.

But two Mpumalanga Hawks members, who spoke to a Sunday paper on condition of anonymity, said they smelt a rat, adding that the investigation was complete, but if the NPA had a way of killing the case, it would.

“It’s just that they don’t know how it was investigated and are therefore resorting to technicalities,” one said.

A senior defence lawyer who asked to remain anonymous said there was a lack of proper leadership and guidance in the NPA and many experienced prosecutors were leaving. They were no longer motivated because of political interference.

The man, who has over 35 years’ experience, said many lawyers were shocked to read about the “unnecessary rigorous justice system” to which Sizwe Mankazana had been subjected. Mankazana was the driver of the car that crashed, killing Nelson Mandela’s great-granddaughter, Zenani, in 2010. He was acquitted.

“A just justice system is one that only prosecutes if there is a case. A political decision was made to prosecute the case (Mankazana’s) even though it had been reported that the car crashed because of a burst tyre.

“The problem is that cases that should not be prosecuted end up being prosecuted and those that are supposed to be prosecuted end up not being prosecuted,” he said.

NPA spokeswoman Bulelwa Makeke said while they could not pretend that some prosecutors were not incompetent, it would also be unfair to blame the NPA entirely when some cases did not go as far as hoped.

She said different factors determined the success of a case, such as the evidence and its ability to stand the test of dispute. “In instances where the shortcoming relates to a question of law… the criticism would be fair in that we can confidently say that the prosecutor was incompetent.

“However, in cases that are not successful because of the lack of quality in evidence and testimony, then that is totally unfair to cast aspersions on the NPA. We do concede that there are instances where we’ve found that cases were not successful purely due to the incompetence of the prosecutor allocated to the case and in those cases there are internal procedures to deal with the prosecutor.”

 

Burry Stander January 2013:

Njabulo Nyawose allegedly knocks down cyclist Stander who later dies of his injuries. The case is fraught with postponements and on Tuesday, July 2, magistrate Piet Coetzee refuses to grant another postponement to prosecutor Nozipho Maseko, who says they have not decided whether they will prosecute Nyawose or not. Charges against Nyawose have been provisionally withdrawn.

 

Andries Tatane April 13, 2011: Tatane dies after he is kicked, beaten and shot by police officers during service delivery protests in Ficksburg, in Free State. Tatane’s death is caught on camera. Seven police officers are arrested but all of them are acquitted when the magistrate says that the State has not proved its case beyond reasonable doubt and that it has failed to prove who the officers are who attacked Tatane.

 

Arthur J Brown March 7, 2007: J Arthur Brown is arrested on 192 charges related to the misappropriation of about R1-million company, Fidentia. Charges fall way over time and six years later the State proceeds with just nine. On May 15, he receives a R150 000 fine. Judge Anton Veldhuizen criticises the State’s handling of the case, asking why the chief financial officer of the Financial Services Board, Dawood Seedat, is called to testify only after Brown is convicted.

 

And that is why there's such a bad rap for the judicial system. The public prosecutors office needs a MASSIVE overhaul.

[Mojoman]

More nails in the coffin for South Africa...

 

A land of injustice, inequality, inefficiency and plain old blatant stupidity...

[Tumbleweed]

http://www.enca.com/south-africa/we-thought-law-would-be-our-side-mandy-stander

 

Port Shepstone - "We are finding it very, very difficult. We thought at least the law would take its course - that justice would be on our side."

[Shebeen]

I know this is lank emotional, BUT I don't think this is where the focus should be.

 

I feel for all involved here, obviously being a huge fan of Burry and his achievements I think this will be one of our biggest tragedies in local sports ever.

I do feel for the taxi driver too. I'm pretty sure he regrets the whole incident irrespective whether he was totally at fault or not at all. I doubt he has cash saved up for this sort of thing, and it is turning into a media circus. What are the chances of a fair trial...all involved deserve that.

 

I don't think that putting a man behind bars is the justice that Burry's death deserves. He needs way more than that. This must be the watershed moment that changes how we as all road users treat each other. I would prefer all the massive goodwill coming from this terrible event to be channelled into lobbying for better systems. I think that will be much more beneficial than expending effort on the legal process. Our jails are packed to the rafters yet crime continues rampantly...jailtime doesn't seem to be the deterrent and it definitely doesn't seem to be rehabilitating.

 

I don't condone the actions of the driver, off the top of my head i can think of Dan Hugo getting taken out by a truck ruining his last season and Martin Dreyer getting knocked off his bike finishing the 2012 freedom challenge.

 

I can't put myself in the shoes of the family members, so I'm not judging their actions in anyway. i would just prefer it that all the positive energy coming from this incident got channeled towards better road safety.

[cruiser]

Another sad sad day for cycling. This should be making international headlines.

[Lucky Luke.]

I know this is lank emotional, BUT I don't think this is where the focus should be.

 

I feel for all involved here, obviously being a huge fan of Burry and his achievements I think this will be one of our biggest tragedies in local sports ever.

I do feel for the taxi driver too. I'm pretty sure he regrets the whole incident irrespective whether he was totally at fault or not at all. I doubt he has cash saved up for this sort of thing, and it is turning into a media circus. What are the chances of a fair trial...all involved deserve that.

 

I don't think that putting a man behind bars is the justice that Burry's death deserves. He needs way more than that. This must be the watershed moment that changes how we as all road users treat each other. I would prefer all the massive goodwill coming from this terrible event to be channelled into lobbying for better systems. I think that will be much more beneficial than expending effort on the legal process. Our jails are packed to the rafters yet crime continues rampantly...jailtime doesn't seem to be the deterrent and it definitely doesn't seem to be rehabilitating.

 

I don't condone the actions of the driver, off the top of my head i can think of Dan Hugo getting taken out by a truck ruining his last season and Martin Dreyer getting knocked off his bike finishing the 2012 freedom challenge.

 

I can't put myself in the shoes of the family members, so I'm not judging their actions in anyway. i would just prefer it that all the positive energy coming from this incident got channeled towards better road safety.

 

If you want better road safety, those who - very publicly - kill vulnerable road users need to be, at the very least, taken to task in a court of law.

 

This guy is not even going to trial. He is going straight back to the driving seat, and the next person who he or one of his mates squashes could be you or a family member or one of your buddies.

 

The case has been very public and this is an opportunity for an example to be made - if not a conviction - which seems to me to be the obvious progression - then at the very least a thorough trial with competent prosecution, out of respect for a national hero.

 

No trial at all is nothing but a green light for idiots to drive as they please without any fear of recourse whatsoever. If you cannot see this then I really despair for this country and it's cycling future.

[Lucky Luke.]

The NPA are a bunch of useless ******, but it's the idiots who claim to be cyclists, expressing sympathy for the drivers who mow us down - they are the people who really inspire despair. If I ever leave this country, leaving you lot behind will be the consolation prize.

Edited July 4, 2013 by Lucky Luke.

[Shebeen]

The NPA are a bunch of useless ******, but it's the idiots who claim to be cyclists, expressing sympathy for the drivers who mow us down - they are the people who really inspire despair. If I ever leave this country it will leaving you lot behind that acts as the consolation prize.

I take offence to being called an idiot. if you think a taxi driver getting ten years is going to make a difference to how the rest drive, then the iq of both countries will increase once you emigrate.

 

Ps. My 30km commute to work this morning was awesome with the tailwind.

[Lucky Luke.]

I take offence to being called an idiot. if you think a taxi driver getting ten years is going to make a difference to how the rest drive, then the iq of both countries will increase once you emigrate.

 

Ps. My 30km commute to work this morning was awesome with the tailwind.

 

Don't take offence because you must genuinely be a cretin of note. I don't need to call you an idiot because your post is all the evidence required. Do I really need to upload a crayon drawing to explain the concept of making a national example? This is the only channel we have to affect the murderous driving standards we as cyclists face. The evidence is right here on this website with fresh obituaries every week.

[Captain Fastbastard Mayhem]

Don't take offence because you must genuinely be a cretin of note. I don't need to call you an idiot because your post is all the evidence required. Do I really need to upload a crayon drawing to explain the concept of making a national example? This is the only channel we have to affect the murderous driving standards we as cyclists face. The evidence is right here on this website with fresh obituaries every week.

 

Jeepers dude, get off your high horse and read his post again. He's been a lot more level headed than you've been here.

 

He's lobbying for overall change through a change in mindset. It's clear that our judicial system is currently up in smoke, so something different is needed. Something LIKE what he is saying - a mass change in mindset. Jailtime isn't that trigger.

[(Deon)]

Yeah LL, convicting one driver through pressure from the public is as bad as the case being dropped altogether.

 

We hear the point of an example being made of this driver because of Burry's status. Or justice being served by sheer virtue of a driver killing someone, but cast your memory back a few years to a series of ads where a driver is standing next to their car at an accident scene, in tears saying "I didn't see him", shortly before breaking down totally by the magnitude of what happened. This was an emotionally wrenching set of ads because they were able to clearly display sympathy for both sides.. this is that case. While the driver needs to face a fair trial to be proven guilty or innocent, the state can also not deny the family closure.

 

With this issue of the case being provisionally withdrawn, the focus is now becoming whether or not the justice system works, period. The case can and should continue at a later stage, but what if Burry's death is something larger, the cornerstone of change in the judicial system? Local and international pressure may highlight the need. What Shebeen seems to be suggesting is to channel your energy at the system, stop attacking him for this.

[Moriarty]

As a road commuting cyclist this disturbs me a great deal. If there is not going to be reasonable prosecution under the law for reckless drivers who end up killing cyclists, what protection do I have, motorists are further incouraged to treat me like a fly on the roads...................

[Shebeen]

Thanks for some backup guys, being a hugely emotional issue I'm not surprised that there's no agreement. I see LL's point and he's entitled to his opinion. There's no right answer here.

 

And I doff my cap everytime I ride/drive past a ghost bike twice a day...so I'm very aware of the background on this subject.

[jcza]

The problem is that bad driving causing death has been normalized while the outrage continues over bad cycling causing annoyance.

[Delgado]

More nails in the coffin for South Africa...

 

A land of injustice, inequality, inefficiency and plain old blatant stupidity...

...that particular boat sailed ages ago! ....sadly...