Shocking incident between van driver and cyclists in Camps Bay

[Oufy MTB (Roadie)]

The argus said charges withdrawn, mediation successful and the matter settled out of court

 

Mmmmmmm, ek se maar niks

[DJR]

The argus said charges withdrawn, mediation successful and the matter settled out of court

 

Mmmmmmm, ek se maar niks

 

I don't like that at all, I think this matter was bigger than just the people involved and that the public should know exactly what this means. Who was found innocent or guilty of what, who apologised for what, who got punished for what? Or was it decided by the parties involved that after all nothing really happened?

[Oufy MTB (Roadie)]

I don't like that at all, I think this matter was bigger than just the people involved and that the public should know exactly what this means. Who was found innocent or guilty of what, who apologised for what, who got punished for what? Or was it decided by the parties involved that after all nothing really happened?

My sentiments exactly

[urbanroyal]

The argus said charges withdrawn, mediation successful and the matter settled out of court

 

Mmmmmmm, ek se maar niks

 

 

Cool....now they can get on with their lives...and if they gonna mo*r anybody...I am sure they gonna think twice ....oh and check if there are any cameras around..

[fabs]

This is total crap, nobody takes responsibility for anything, as per usual.

The most frightening thing, is that the law allows this to happen.

 

The dirt has been swept under the carpet.

[reteid]

according to the Burger the matter was mediated on the basis of an apology and monetary compensation.It did not state who apologized or who paid.Mediation is a process that is followed at court when the 2 parties sort of kiss and make up.

[DJR]

according to the Burger the matter was mediated on the basis of an apology and monetary compensation.It did not state who apologized or who paid.Mediation is a process that is followed at court when the 2 parties sort of kiss and make up.

 

Well, I think it stinks! All well and good if it was a civil matter between 2 parties that has no effect on anyone else. In this case it has an effect on other cyclists, and I feel that we have the right to be informed of the outcome. JUSTICE SHOULD BE SEEN TO BE DONE! Hiding it to save the parties involved some face is not right. It might be legal, but not right

[Joe Low]

As Whitney would have said - "It's not right, but it's ok".

Edited June 18, 2014 by Joe Low

[NicoBoshoff]

Mediation involves both parties and the prosecutor. If all parties are not happy with the "settlement" then it goes to court. Obviously all parties were happy with the proposal and they want to get on with it.

[Wannabe]

Mediation involves both parties and the prosecutor. If all parties are not happy with the "settlement" then it goes to court. Obviously all parties were happy with the proposal and they want to get on with it.

 

But will the motoring public see it like that?

Edited June 18, 2014 by Wannabe

[ibruegge]

Mediation involves both parties and the prosecutor. If all parties are not happy with the "settlement" then it goes to court. Obviously all parties were happy with the proposal and they want to get on with it.

Exactly. same thing happens when you mediate your divorce settlement. Except both parties walk a way feeling ripped off a little...

[DIPSLICK]

MONEY MONEY MONEY MAKES THE WORLD GO AROUND

 

did anyone seriaaasly think there would be jail time :eek: :eek:

 

LAWYERS GOT A CHEQUE, VICTIM GOT PAID,,,,,,,,PEEPS THIS IS CORRUPTION SA, my money says the lawyers got double the money the victim got

[Patchelicious]

But will the motoring public see it like that?

 

Exactly! Motorist were up in arms over this.

Has there been any action against the club from CSA PPA etc.

[Blackbeard]

Exactly. same thing happens when you mediate your divorce settlement. Except both parties walk a way feeling ripped off a little...

 

No. This was a criminal matter. The decision to prosecute or not lies with the State. Its likely that the complainant was paid a sum of money conditional upon him "withdrawing" the charges. The prosecutor would have lost his/her "appetite" to prosecute with a non-cooperative complainant.

 

End of story. The rest is just noise.

Edited June 18, 2014 by Blackbeard

[NicoBoshoff]

No. This was a criminal matter. The decision to prosecute or not lies with the State. Its likely that the complainant was paid a sum of money conditional upon him "withdrawing" the charges. The prosecutor would have lost his/her "appetite" to prosecute with a non-cooperative complainant.

 

End of story. The rest is just noise.

 

Not quite. Mediation is a recognised form of prosecution, where the charges are of such a nature that it is not in the public's interest necessarily to go through the cost of a trial etc. It's a call the prosecutor makes and has to sell to the magistrate at the end of the day.

 

This is usually the case with assault charges. Whether it's true justice, who knows. That's a matter of debate and legal philosophy. It's a matter of balancing the interests of the complainant vs the interests of the public. Obviously if the assault was of a grievous nature there would never have been mediation.

 

How much of the uproar here is because it's cycling-related? Would there have been this reaction if two varsity laaities klapped each other in a bar on campus, or would you still have insisted on prosecution with the full force of the law, possibly ruining someone's life despite a complainant who is satisfied with compensation for his "harm"?

 

As a prosecutor you will never make a call that satisfies the entire society, but you try to balance the interests fairly. I think this was the correct outcome.

[Blackbeard]

Not quite. Mediation is a recognised form of prosecution, where the charges are of such a nature that it is not in the public's interest necessarily to go through the cost of a trial etc. It's a call the prosecutor makes and has to sell to the magistrate at the end of the day.

 

This is usually the case with assault charges. Whether it's true justice, who knows. That's a matter of debate and legal philosophy. It's a matter of balancing the interests of the complainant vs the interests of the public. Obviously if the assault was of a grievous nature there would never have been mediation.

 

How much of the uproar here is because it's cycling-related? Would there have been this reaction if two varsity laaities klapped each other in a bar on campus, or would you still have insisted on prosecution with the full force of the law, possibly ruining someone's life despite a complainant who is satisfied with compensation for his "harm"?

 

As a prosecutor you will never make a call that satisfies the entire society, but you try to balance the interests fairly. I think this was the correct outcome.

 

To repeat: "...the decision to prosecute or not lies with the State. Its likely..."