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Shocking incident between van driver and cyclists in Camps Bay


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Posted (edited)

Cape Town - The two cyclists who allegedly assaulted a motorist in Sea Point have been charged and are appearing in court on Wednesday.

And the pair have been banned from Sunday’s Cape Argus Pick n Pay Momentum Cycle Tour.

Police spokesman FC van Wyk said on Wednesday morning: “Two men, Faizel Hendricks, 39, and Mogammed Solomon, 29, were arrested at Sea Point SAPS for common assault and malicious damage to property.”

Van Wyk disclosed they were seeking a third suspect.

The pair remained in custody from midday on Tuesday until 2.30am, when they were released on a police warning of R500 each.

They were due to appear in Cape Town Magistrate’s Court on Wednesday.

Pedal Power Association chairman Steve Hayward told the Cape Argus on Wednesday: “We have checked pair’s names and they are members of the PPA.

“We have pulled their names from the Tour,” he said.

“Action will certainly also be taken against any further cyclists who may have been involved.”

 

I hope they have been thought a lesson. :whistling: :ph34r:

Edited by GaryvdM
Posted (edited)

Just a legal question...

 

Since this video clip was taken by the driver of the vehicle with his cellphone whilst driving, is this not illegal in itself. Is this evidence then not deemed null and void in a court of law?

Edited by BIG Mac
Posted

Just out of interest was the driver of the volkswagen fined for using his cell phone and driving ?

 

Thats a petty comment.

 

I'm sure the defense lawyer will use this tactic to dismiss the video evidence but there is enough eyewitness evidence to secure a conviction.

 

Also you will notice the driver was stopped while filming. The argument can be spun many ways which does not detract from the facts at hand.

Posted

hmmm, while he was driving, pretty sure I saw the vehicle and bikes standing still, and the clip is for 59 sec, which implies he was not moving at the time,

 

G

 

Just a legal question...

 

Since this video clip was taken by the driver of the vehicle with his cellphone whilst driving, is this not illegal in itself. Is this evidence then not deemed null and void in a court of law?

Posted

Just a legal question...

 

Since this video clip was taken by the driver of the vehicle with his cellphone whilst driving, is this not illegal in itself. Is this evidence then not deemed null and void in a court of law?

 

No. Maybe the driver did also committed an offence, but this does not make the evidence invalid.

Posted

hmmm, while he was driving, pretty sure I saw the vehicle and bikes standing still, and the clip is for 59 sec, which implies he was not moving at the time,

 

G

The car started to move @ 43 sec he drove with his cell phone in this hand for 15 sec

Posted

Just a legal question...

 

Since this video clip was taken by the driver of the vehicle with his cellphone whilst driving, is this not illegal in itself. Is this evidence then not deemed null and void in a court of law?

Yes it is illegal. And he could be prosecuted for it. However this does not rule the evidence inadmissible. Two separate issues.

 

And the 'reasonable man' metric could be applied in this case.

Posted

Just out of interest was the driver of the volkswagen fined for using his cell phone and driving ?

 

I'd pay his fine for outing these cycling nimrods, he did us all a favour by "breaking the law"!

 

OH BOY!!!!! RUN FORREST RUN

 

A peanut by any other name remains a peanut! :whistling:

Posted

http://www.iol.co.za/news/crime-courts/cyclists-charged-over-driver-s-assault-1.1656676#.UxcBkPm1ZcS

 

After stopping at a red traffic light, he was allegedly assaulted by cyclists he had overtaken – with fists, a bicycle and pepper spray.

 

So there was a traffic light and he did overtake the cyclist earlier on.

Meaning the double parked story is complete nonsense and the person who took the video has only seen half the story, waiting to hear what happened when he overtook!

Also were words exchanged before he was 'assaulted'?

Posted

Peach - could be that the double park assumption was borne from the vehicle having stopped with its hazards on?

 

Either way... that is beside the point. The point is that this sort of action from the cyclists is completely unacceptable

 

Cyclists are people, people do stupid things, Its just a pity this bunch of people happened to be cyclists at the time. A lot of other people would have done similar if not worse.

 

A similar thing happened in JHB South a couple of years ago, not sure what happened with those guys, but they didn't get caught on video so it wasn't as entertaining for the world to watch and spread around.

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