The Burry case: Dropping and reinstating of charges

[fabes]

Not sure if this link has been shared, and it does not tell us more than we know, but:

 

http://www.news24.co...ropped-20130702

Hoesit

[Lucky Luke.]

And how do we know that HE was at fault? That's the point. Until such time as the evidence is submitted to the court, and the prosecution has had their say, along with the defence, we CANNOT know whether he was at fault or not. Yes, he hit Burry. Was he guilty of murder? Maybe. Manslaughter? Maybe.

 

Until then, wait for the evidence to present itself. One cannot be convicted on possibilities, and to call for such is really going down the wrong path.

 

To state my opinion clearly, what I'm saying is that in a just society the onus would be on the driver of the vehicle to prove his innocence. Regardless of where we stand with SA law, which I assume cares zip for cyclist preservation.

 

In the EU there is something called the 5th Directive, implemented in the Netherlands as strict liability. In car-cyclist accidents, the onus falls upon the driver of the car to prove they were not at fault.

 

Link above states charges are provisionally dropped anyway. No surprises there.

[Lucky Luke.]

I don't think anyone is "comfortable with this guy walking away". Some of us are just less comfortable with mob justice.

 

What you call 'mob justice' is the letter of the law in Europe and especially the netherlands, where coincidentally, cyclists have a much better life expectancy.

[fabes]

And how do we know that HE was at fault? That's the point. Until such time as the evidence is submitted to the court, and the prosecution has had their say, along with the defence, we CANNOT know whether he was at fault or not. Yes, he hit Burry. Was he guilty of murder? Maybe. Manslaughter? Maybe.

 

Until then, wait for the evidence to present itself. One cannot be convicted on possibilities, and to call for such is really going down the wrong path.

It is so sad that we have to rely on our justice system tho to present "evidence" because we know that is not going to happen :thumbdown:

[Madmac]

We should just do the african way.... Kangaroo court!

[Big H*]

What is the bottom line here???

 

Remembering Burry all of a sudden again, or lynch the taxi driver.

 

FFS most of you are speculating

[Lucky Luke.]

It is so sad that we have to rely on our justice system tho to present "evidence" because we know that is not going to happen :thumbdown:

 

Like evidence was presented in the Golden Arrow case. Apparently that cyclist threw himself under the bus. Chalk another one up for SA justice.

[Captain Fastbastard Mayhem]

It is so sad that we have to rely on our justice system tho to present "evidence" because we know that is not going to happen :thumbdown:

 

Oh heck. Don't get me started on that. Would build up so much anger I'd be AWing all day. And ASing all night!

[SwissVan]

I think the OP - a work colleague - is better-placed and closer to the story than I am. Not Devil's Advocate at all. Just applying the objective mind I would to this as I would to any story I edit.

 

Ok that I get, but now put aside your work ethics and thinking process, as a mature adult, father of children, animal lover, believer in justice, biased beer drinking cyclist ....etc.....

 

Do you really think the taxi driver might be innocent and a victim of sentiment?

[Tumbleweed]

 

Ok that I get, but now put aside your work ethics and thinking process, as a mature adult, father of children, animal lover, believer in justice, biased beer drinking cyclist ....etc.....

 

Do you really think the taxi driver might be innocent and a victim of sentiment?

 

It's really not for me to say. I have read and heard many differing accounts of what happened that day.

If sentiment guided me, I would want to draw and quarter the taxi driver after having one nearly kill me some years back. I don't think the driver here is a "victim of sentiment" at all, but I have seen plenty "cut and dried" cases failing because there was simply not enough solid evidence of what happened.

[DuaneS]

FACT:

 

Burry was cycling North on the N2 towards Port Shepstone, when a Taxi travelling in the opposite direction failed to stop, crossed over a solid white line and hit Burry head on!

 

Pretty clear cut if you have a look at the attached photo of the scene!

 

A major concern to us is what message this sends out to other road user

 

How many other innocent people will die and have died on our roads without any justice for the victims?

 

Is this how we as a country pay tribute to one of our Sporting heros? Who did so much for SA, who loved this country so much and who was proud to be a South African? I hope not!

 

But we will not let the matter be! And we are hoping that every South African will get behind us and our cause and justice for Burry!!!

 

Duane Stander

Burry's Brother

Edited July 2, 2013 by Concepter

[rattlesnake]

FACT:

 

Burry was cycling North on the N2 towards Port Shepstone, when a Taxi travelling in the opposite direction failed to stop, crossed over a solid white line and hit Burry head on!

 

Pretty clear cut if you have a look at the attached photo of the scene!

 

A major concern to us is what message this sends out to other road user

 

How many other innocent people will die and have died on our roads without any justice for the victims?

 

Is this how we as a country pay tribute to one of our Sporting heros? Who did so much for SA, who loved this country so much and who was proud to be a South African? I hope not!

 

But we will not let the matter be! And we are hoping that every South African will get behind us and our cause and justice for Burry!!!

 

Duane Stander

Burry's Brother

 

Let us know how we can help.

The other guys on this forum can sit and carry on discussing the letter of the law.

Edited July 2, 2013 by rattlesnake

[Lucky Luke.]

FACT:

 

Burry was cycling North on the N2 towards Port Shepstone, when a Taxi travelling in the opposite direction failed to stop, crossed over a solid white line and hit Burry head on!

 

Pretty clear cut if you have a look at the attached photo of the scene!

 

A major concern to us is what message this sends out to other road user

 

How many other innocent people will die and have died on our roads without any justice for the victims?

 

Is this how we as a country pay tribute to one of our Sporting heros? Who did so much for SA, who loved this country so much and who was proud to be a South African? I hope not!

 

But we will not let the matter be! And we are hoping that every South African will get behind us and our cause and justice for Burry!!!

 

Duane Stander

Burry's Brother

 

Thanks Duane, let us know how we can help get this case to court.

[Patchelicious]

 

A major concern to us is what message this sends out to other road user

 

How many other innocent people will die and have died on our roads without any justice for the victims?

 

 

Duane Stander

Burry's Brother

 

This is the biggest point, and the one that concerns every single cyclist here. Taxi's are getting away with murder, literally!

[ccc2]

Like evidence was presented in the Golden Arrow case. Apparently that cyclist threw himself under the bus. Chalk another one up for SA justice.

what is the latest with this case?

[gummibear]

If there is a fatality, isn't it an automatic arrest. There were many photos posted here of the scene. From what I read at the time, the driver cooperated from the start.

 

If it's obvious who caused the accident,reckless or neg driving is supected or breathalyzer is high then yes.

Usually a culpable homicide case is opened and sent as a inquest to determine who,if anyone,is responsible for the death.