The Burry case: Dropping and reinstating of charges

[Ham]

I was a cop when i was hit by a taxi.After the accident a nice lady stopped and the first thing i asked her was to fetch a friend that stayed close by. He was also a cop and brought his camera and spray paint.He marked the road and the cops sat waiting for the ambulance for me.

After 3 weeks the cops hadn't visited any witnesses.The investigator said he couldn't find the taxi driver.He also said it had been raining so the road wasn't marked out.

I had a cop friend draw up the scene and plans for me.

I made copies of the docket and i went and arrested the taxi driver as he had warrants out on other cases.

My partner and i went and took the witness statements.

For 4 years i did the work of the investigator.

Eventually the taxi driver was found guilty of reckless and neg driving and had to pay a R3000 fine or 120 days in prison.He couldn't pay and went to prison.

 

You need to keep pressure on the investigator to get a success at the end of the day......or do it yourself

 

I hear you mate. But normal civilians can't do what you did. I realize the guy might never do time. But he can't get off with nothing. At the end of the day, in some cases it's just an accident, but unfortunately most of these taxi drivers have no regard for other road users. They do as they wish and you have to look out for them. In my mind that changes things. In those cases when their actions result in a death, they should have the book thrown at them.

[bassasdaindia]

still can't believe burry is gone !

[gummibear]

still can't believe burry is gone !

 

I looked at the pics i have of him the other day and wondered when he will race here again.......then i realized he won't be.

[gummibear]

I hear you mate. But normal civilians can't do what you did. I realize the guy might never do time. But he can't get off with nothing. At the end of the day, in some cases it's just an accident, but unfortunately most of these taxi drivers have no regard for other road users. They do as they wish and you have to look out for them. In my mind that changes things. In those cases when their actions result in a death, they should have the book thrown at them.

 

Twitter and Facebook can be used to put pressure on the people.

[Gregor]

What he did do that was illegal and also the direct cause of the crash and the reason we lost our hero was turning across the road when there was an oncoming road user (Burry). For that he must be prosecuted for reckless and negligent driving.

I think this is a big issue and have experienced it a few times myself myself from all kinds of drivers, rich, poor, black, white whatever. Somehow there's an idea that right of way doesn't apply to cyclists. And this is a perfect example that this flouting of the law is, in fact, fatal. Really there needs to be more media attention on this and we need to get this idea into the public mind that a cyclist is a legitmate road user.

[Craig 1]

Really needs to be stepped up, I feel if us riders don't voice our feelings sadly this will keep happening. It truly is sad that many people cant even use their indicator. Since I ride I am far more aware and patient when by cyclists, why cant others?

[JensV]

This is not good. Where are they posting about details?

 

News24

[JensV]

I hear you mate. But normal civilians can't do what you did. I realize the guy might never do time. But he can't get off with nothing. At the end of the day, in some cases it's just an accident, but unfortunately most of these taxi drivers have no regard for other road users. They do as they wish and you have to look out for them. In my mind that changes things. In those cases when their actions result in a death, they should have the book thrown at them.

 

Like everything in this pitiful place: if you want it done, do it yourself. Know of a accident in Durban, same story... You driver, speeding early in the morning. Took two cyclist out - one in ICU, the other hurt - and both bikes trashed. His number plate fell off at the scene. Police traced him - he got off too

[King_Crispy]

 

No evidence (messed up docket) = no case, simple.

History repeats itself.

Yes, ask Oscar...

[Mackie]

Did the taxi driver mean to kill Burry? no he did not, was he wrong in what he did? Based on the evidence, Yes.

Should he face the the consequences? Yes

The law should be clear, and the outcome based on actions, not intentions, the onus is on the state to prove guilt and the taxi driver to prove innocence, all we are asking for is proper investigation and a fair trial, let the evidence speak, and wish that the law will take its course, we lost a hero, friend and national icon, it sucks, it still hurts like hell to not have Burry around, the least we can do is to ensure that justice is done in this case, but to have the case provisionally withdrawn is the slap in the face of Burry's legacy.

Reinstate the damn case and prosecute the driver!

RIP Burry, you are sorely missed!

[Tumbleweed]

Did the taxi driver mean to kill Burry? no he did not, was he wrong in what he did? Based on the evidence, Yes.

Should he face the the consequences? Yes

The law should be clear, and the outcome based on actions, not intentions, the onus is on the state to prove guilt and the taxi driver to prove innocence, all we are asking for is proper investigation and a fair trial, let the evidence speak, and wish that the law will take its course, we lost a hero, friend and national icon, it sucks, it still hurts like hell to not have Burry around, the least we can do is to ensure that justice is done in this case, but to have the case provisionally withdrawn is the slap in the face of Burry's legacy.

Reinstate the damn case and prosecute the driver!

RIP Burry, you are sorely missed!

 

Seems the state wanted another postponement, but the magistrate had said the last appearance would be the last postponement. The prosecutor is said to have offered no reason for the request. A decision to prosecute or not "could not be made during in the allocated time frame”…nor, apparently, has any decision been made as to whether this matter would be pursued and re-introduced to the court roll at a later day.

 

Why is this? Either it's a failure on the part of the prosecution to be prepared when they go to court, or a lack of strong evidence to pursue the case. I would hate to pre-judge the case, but I suspect it's a combination of both.

 

Either way, the matter is by no means over. The defence will argue against the re-introduction of the charges, citing that the accused is entitled a fair and speedy trial. One expert quoted in this morning's Mercury says that the state has a strong case, but the longer it takes to go to trial makes it harder to prosecute.

[mazambaan]

And someone on the Hub told me not to be angry about it as it wasn't the driver's fault!! What did they know?

 

But this is not new and not confined to SA or cyclists. It ticks motorcyclists off in the US as well.

 

One things seems sure - you want to kill someone - run them over; it's the least hassle.

[Harryn]

 

 

One things seems sure - you want to kill someone - run them over; it's the least hassle.

 

I dunno, if you wanna pump four bullets into your gf through the bathroom door, you can still be safe and secure in the knowledge that the cops will contaminate the crime scene.

[goya-goya]

Ai, so much of speculation people .. wait for the facts.

Your trust that the facts will emerge is noble... Your faith that they will be correct is a bit weird...

[Tumbleweed]

Here's a link to the Mercury's story: http://www.iol.co.za/sport/cycling/burry-stander-trial-shock-1.1541076

[Tumbleweed]

Your trust that the facts will emerge is noble... Your faith that they will be correct is a bit weird...

 

Like your misguided faith in the "facts" about Lance…