Kloof Nek hit and run (26 March)

[Mntboy]

The rider is a friend of mine.

 

He was rushed to hospital and had to be operated on immediately.

 

Broken leg, collarbone and ribs as well as punctured lung and internal bleeding. He is stable after 5 hours of surgery and remains in ICU for the time being.

Eish Bankie! Your bud is in my prayers. Sincerely hoping he pulls through!

 

Sent from my SM-J200H using Tapatalk

[Blackbeard]

So actually if I understand you correctly, from a usefull prosecution point of view, it would be better if the state drops it and hope the PPA would go for a private prosecution.

It is highly unlikely that the NPA will do nothing, which is a requirement for a nolle prospequi (the state in essence declines to prosecute). We have a history of poor outcomes in similar cases in the past, due to the NPA not properly prosecuting and accepting plea deals. 

 

The prosecutors rarely want their authority usurped, but they often don't want to do the work either. I would never encourage a prosecutor not to prosecute - that remains their decision. The fallout otherwise could be horrific.

 

I would suggest that an interested party appoint an attorney with some criminal law gravitas on a watching brief, who can liaise with the SAPS and the prosecutor to maintain momentum. If the evidence is collected properly, it is more than likely that a proper prosecution will follow.

 

Edit: It should be mentioned that either the SAPS or the NPA or both, may refuse to engage with a lawyer on a watching brief.

Edited March 27, 2017 by Blackbeard

[SA123]

Hi, I'm the witness who posted on Twitter. Just wanted to clarify a few things. I arrived at the scene just after the accident, so I didn't see the accident itself. A Corsa bakkie had been going UP Kloof Nek. I understand that the rider was going down the hill. The bakkie apparently did not turn and went across three lanes, hit the cyclist and drove over the curb onto the verge which is quite large at this point.

 

When I arrived at the scene, the bakkie was just pulling back into the road with a smashed windscreen, dented bonnet and roof pillar. He squeezed past cars coming down the road and went up the hill against the flow of traffic. I had seen the damage to the bakkie but was still taking in the whole scene which was some way in front of me and wasn't sure whether he was actually fleeing the scene or just turning around. Once I realised that it was a hit and run, I turned around and chased after the driver.

 

I had to get through traffic but caught up with him near the cableway turnoff. He was now on the correct side of the road. A meter taxi had already stopped in front of the guy and just as he was about to drive into the oncoming traffic and make another run for it, I pulled up to his right. I made sure he wasn't able to get out of the car and told him to get out the passenger side. A number of people then arrived and assisted in containing the driver. Quite soon after a traffic officer (who happened to be passing) came by. The traffic officer's bizarre suggestion was that the driver do a U-Turn at the cable station and drive back to the scene. Fortunately, we persuaded him not to allow that. I told him that not only might the guy flee, but his car was no longer roadworthy and he was clearly too dangerous to be allowed to drive another meter. We boxed the guy off the road and the traffic officer took him in the police car back to the scene. I felt the traffic officer should have arrested and handcuffed the guy there and then and kept him where he was until SAPS arrived.

 

It needs to be made clear to the Police (and any prosecutor) that this guy fled the scene. He had run away and did not return to the scene voluntarily. This was a clear case of hit and run. The Traffic Police may have inadvertently assisted the driver.

 

I left soon after as other witnesses who had seen the accident as well as the subsequent events were present and had more to offer in terms of testimony than I did. It was only later that I remembered the dashcam that I had got as a Christmas gift. It captures the events described above up until the arrival of the officer (not the accident itself). Until I have heard from the victim's family, I will not share it publicly.

 

I appreciate that some of you would have handled the situation differently, but understand that there was a possibility that the driver may have purposefully attacked the cyclist. He certainly seemed belligerent and there was no logical reason for his actions either in causing the accident or thereafter. None of us knew what the driver was capable of. At one point, I was certain he was going to smash his way past my car. I think the people who assisted in stopping the guy (including a tourist who stood in front of the bakkie), went far beyond what is required of a reasonable citizen. Beating him up simply wasn't on the cards.

Edited March 27, 2017 by SA123

[lechatnoir]

Hi, I'm the witness who posted on Twitter. <snip>

 

You sir, are a good person. 

[Patchelicious]

Well done on how you handled it. We need more people like you!

 

Thank you for helping out the cycling community!

[Stretch]

You sir, are a good person.

+9999999999999999

['Dale]

What a cool head and excellent service and support to another human being.

[Pure Savage]

I think we should all get our friends and family dash cams for Xmas. 

 

What you did was amazing and well done on standing your ground when the ticket writer wanted to give the guy a chance to flee. 

 

Lets hope the PPA takes this seriously and makes an example out of this criminal.

[Mojoman]

Hi, I'm the witness who posted on Twitter. Just wanted to clarify a few things. I arrived at the scene just after the accident, so I didn't see the accident itself. A Corsa bakkie had been going UP Kloof Nek. I understand that the rider was going down the hill. The bakkie apparently did not turn and went across three lanes, hit the cyclist and drove over the curb onto the verge which is quite large at this point.

 

When I arrived at the scene, the bakkie was just pulling back into the road with a smashed windscreen, dented bonnet and roof pillar. He squeezed past cars coming down the road and went up the hill against the flow of traffic. I had seen the damage to the bakkie but was still taking in the whole scene which was some way in front of me and wasn't sure whether he was actually fleeing the scene or just turning around. Once I realised that it was a hit and run, I turned around and chased after the driver.

 

I had to get through traffic but caught up with him near the cableway turnoff. He was now on the correct side of the road. A meter taxi had already stopped in front of the guy and just as he was about to drive into the oncoming traffic and make another run for it, I pulled up to his right. I made sure he wasn't able to get out of the car and told him to get out the passenger side. A number of people then arrived and assisted in containing the driver. Quite soon after a traffic officer (who happened to be passing) came by. The traffic officer's bizarre suggestion was that the driver do a U-Turn at the cable station and drive back to the scene. Fortunately, we persuaded him not to allow that. I told him that not only might the guy flee, but his car was no longer roadworthy and he was clearly too dangerous to be allowed to drive another meter. We boxed the guy off the road and the traffic officer took him in the police car back to the scene. I felt the traffic officer should have arrested and handcuffed the guy there and then and kept him where he was until SAPS arrived.

 

It needs to be made clear to the Police (and any prosecutor) that this guy fled the scene. He had run away and did not return to the scene voluntarily. This was a clear case of hit and run. The Traffic Police may have inadvertently assisted the driver.

 

I left soon after as other witnesses who had seen the accident as well as the subsequent events were present and had more to offer in terms of testimony than I did. It was only later that I remembered the dashcam that I had got as a Christmas gift. It captures the events described above up until the arrival of the officer (not the accident itself). Until I have heard from the victim's family, I will not share it publicly.

 

I appreciate that some of you would have handled the situation differently, but understand that there was a possibility that the driver may have purposefully attacked the cyclist. He certainly seemed belligerent and there was no logical reason for his actions either in causing the accident or thereafter. None of us knew what the driver was capable of. At one point, I was certain he was going to smash his way past my car. I think the people who assisted in stopping the guy (including a tourist who stood in front of the bakkie), went far beyond what is required of a reasonable citizen. Beating him up simply wasn't on the cards.

Traffic pigs....are they totally useless or what?

[CoffeeRacer]

Hi Mojoman. Can u pls contact me on 0636981324 asap. Im the brother of the rider that got knocked down and the riders wife and I has been given the run around by police and traffic officer that was on the scene. Apparently the statement given was a big lie abd there was no case opened at the police station. So pls mojoman your help is really needed. Pls contact me. Appreciate your effort.

[carbon29er]

No case opened? ****me. That is completely beyond belief reading what SA123 posted.

[J∆kk∆ls]

@ SA123. Well done and thank you for the chase! 

 

@Booysen I hope you manage to get this creep persecuted to the full extent! Lay a charge of assault with a deadly weapon! 

 

I sincerely hope your boet gets a speedy recovery and thoughts with the family. 

Edited March 27, 2017 by J∆kk∆ls

[CoffeeRacer]

Thanx everyone for all the concerns its much appreciated beyond our expectations. The driver just doesnt know that the wife of the cyclist works for a lawyer. They in for a rude awakening. Def not getting away with this. **** just hit the fan.

[J∆kk∆ls]

Thanx everyone for all the concerns its much appreciated beyond our expectations. The driver just doesnt know that the wife of the cyclist works for a lawyer. They in for a rude awakening. Def not getting away with this. **** just hit the fan.

If you are willing please keep us updated. 

[CoffeeRacer]

Wil try my best. Not always on this forum. For now he is stil heavy sedated. Only responds by blinking his eyes or nodding his head. Stil another op to go on his leg. Might remove his kidney due to severe bleeding. Femur bone was broken in 2 places. All we can do is pray. Pray that he makes a full recovery.

[J∆kk∆ls]

Wil try my best. Not always on this forum. For now he is stil heavy sedated. Only responds by blinking his eyes or nodding his head. Stil another op to go on his leg. Might remove his kidney due to severe bleeding. Femur bone was broken in 2 places. All we can do is pray. Pray that he makes a full recovery.

    Will do!