Shocking incident between van driver and cyclists in Camps Bay

[Bateleur1]

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.

 

I have no problem with the thing getting settled out of court. It is properly better. But a nice written apology (by the cyclists) printed in the papers that reported the whole incident would have been a benefit to the rest of the cyclists as they are indirectly involved being on the receiving end of the hatred of motorists. Just think the prosecutor should have taken that into account.

[Meezo]

I have no problem with the thing getting settled out of court. It is properly better. But a nice written apology (by the cyclists) printed in the papers that reported the whole incident would have been a benefit to the rest of the cyclists as they are indirectly involved being on the receiving end of the hatred of motorists. Just think the prosecutor should have taken that into account.

 

would this be the guys in the video? so how would that letter go "On Behalf of the cycling fraternity/community..."

 

wow, imagine these guys take this responsibility... EISH!

[DMC007]

I heard there was a(nother) "fist fight" on Monday @Paarl de Ville Stage race.

[Bateleur1]

would this be the guys in the video? so how would that letter go "On Behalf of the cycling fraternity/community..."

 

wow, imagine these guys take this responsibility... EISH!

 

If they did then at least something good came out of it. Yes it is a pipe dream I know.

[Wannabe]

Only action I know PPA and Cycle Tour took was to ban the identified cyclit's from participating in this year's Argus.

Dunno if any action was taken against the club.

 

I think a bit of "high visibility Community Service" by the involved Cyclist's and Club will go some way to smoothen things over.

[T-Bob]

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

 

Oh no, maybe we should call the police and let them know there was at corruption at work, not part of a legal process found throughout the world.

 

As for the lawyers, they always win even when you lose.

 

http://cdn.memegenerator.net/instances/400x/37294478.jpg

[DIPSLICK]

Oh no, maybe we should call the police and let them know there was at corruption at work, not part of a legal process found throughout the world.

 

As for the lawyers, they always win even when you lose.

 

http://cdn.memegenerator.net/instances/400x/37294478.jpg

I KNOW WHAT I TYPED BUT YOU MISSED MY POINT COMPLETELY

obviously this case was not about corruption i was reffering to SA as a whole, MONEY MAKES THE PROBLEMS GO AWAY

 

I WILL TRY BE MORE TOPIC SPECIFIC NEXT TIME

[Brogue]

So how would that letter go "On Behalf of the cycling fraternity/community..."

 

They may speak on their own behalf, not mine

 

Rather: TO: the cycling fraternity, motorists and general public

 

.

[Blackbeard]

^_^

Oh no, maybe we should call the police and let them know there was at corruption at work, not part of a legal process found throughout the world.

 

As for the lawyers, they always win even when you lose.

 

http://cdn.memegenerator.net/instances/400x/37294478.jpg

 

If you feel strongly about it, you can always ask the NPA for a certificate nolle prosequi and prosecute them yourself.

 

...but you might need a lawyer for that

 

...and its going to cost you

Edited June 18, 2014 by Blackbeard

[DJR]

I understand all the legalities here, but I still think it amounts to sweeping the whole thing under the carpet. I don't think it is good for anyone except those directly involved. The victim might get money, the assailants paid and said sorry. BUT the images that were broadcast literally worldwide will remain and will influence how drivers see cyclists, now and in the future. That damage has not been addressed.

[Wannabe]

I understand all the legalities here, but I still think it amounts to sweeping the whole thing under the carpet. I don't think it is good for anyone except those directly involved. The victim might get money, the assailants paid and said sorry. BUT the images that were broadcast literally worldwide will remain and will influence how drivers see cyclists, now and in the future. That damage has not been addressed.

 

Agree wholeheartedly.

Justice served must be seen......

[DIPSLICK]

Agree wholeheartedly.

Justice served must be seen......

wannabe,DJR, this is not me being clever, nor attacking its a question, read .....only a question

 

what would you consider/be happy with for the attack on the driver what would be a fair form of justice??

[Guest Smimby]

I still think that one should be able to say "sorry" and move one in this country!

['Dale]

I understand all the legalities here, but I still think it amounts to sweeping the whole thing under the carpet. I don't think it is good for anyone except those directly involved. The victim might get money, the assailants paid and said sorry. BUT the images that were broadcast literally worldwide will remain and will influence how drivers see cyclists, now and in the future. That damage has not been addressed.

 

True, DJR.

 

It is a private matter though.

Public interests are clearly not at heart.

 

Let's move on.

The outcome has been reached.

[fabs]

True, DJR.

 

It is a private matter though.

Public interests are clearly not at heart.

 

Let's move on.

The outcome has been reached.

 

Hello Dale.

I disagree totally, this is not a private matter.

This had negative repercussions to the whole cycling community, as DJR says.

This has to be a very public affair.

The legal entities cycling SA cannot sit back on this.

There was just a lot of talk about banning the club or individuals.

Now its just being swept under the carpet.

 

I for one feel insulted about this, as these actions do not represent me at all.

 

This might lead to the next incident, where knowing that nothing will be done,

mob justice will prevail, and these "cyclists" will be dealt with accordingly.

[Patchelicious]

Hello Dale.

I disagree totally, this is not a private matter.

This had negative repercussions to the whole cycling community, as DJR says.

This has to be a very public affair.

The legal entities cycling SA cannot sit back on this.

There was just a lot of talk about banning the club or individuals.

Now its just being swept under the carpet.

 

I for one feel insulted about this, as these actions do not represent me at all.

 

This might lead to the next incident, where knowing that nothing will be done,

mob justice will prevail, and these "cyclists" will be dealt with accordingly.

 

Precisely, well put.

 

As much as the dispute is private, the repercussions and perceptions are public.

 

Unfortunately the people who made the video go viral will not make news of this settlement go viral, it needs to be broadcast somehow...

 

What has happened to the club?