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Kloof Nek hit and run (26 March)


Nick

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Posted

Here is the PPA statement on the incident:

On behalf of the PPA staff and the Exco, I would like to wish Faizel Abrahams a speedy and full recovery after his terrible crash on Monday 26 March. We were contacted by Faizel's wife this morning, informing us of the crash and I asked how we can be of assistance. I have already requested legal advice on the next steps and await feedback. We are currently assisting in the Deon Basson incident, with an advocate assisting the investigating officer. We are also offering legal assistance in the Delene Boonzaaier matter. At the moment, both cases are still in the investigation phase, with little tangible news to report. While we all seek swift justice, we are learning that a proper investigation takes time. - Robert

 

 

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I wonder if Vogel wasn't referring to the Gregory Basson incident?

Posted

Today's update, really happy the PPA is assisting! Kudos to them.

 

Update on Faizel Abrahams. We have spoken with his wife to get an update on Faizel's condition. He is being operated on today and he is still in ICU.We respect the privacy of the family and we hold thumbs that everything goes as planned.His wife has informed us that she has instructed an attorney,who is in turn liaising with an advocate.The driver has made a statement and the traffic officer on the scene submitted an accident report. What seems to make no sense is the fact that SAPS advised Faizel's wife that she was not able to lay a charge against the driver.Faizel had to do this once he was out of hospital.We are using various avenues to get hold of the SAPS Central station commander, to make him aware of this situation and get him to take action.We believe there were a number of witnesses.We would urge them to come forward and open a case of fleeing the scene of an accident, or similar,against the driver. A case can still be opened,it is not too late.In the meantime,we have asked our attorneys to get in touch with Faizel's legal representative to find out where PPA can assist. We have offered our support to Faizel's wife and asked her to keep us informed about Faizel's condition and how the case is progressing.

Witnesses are critical to the success of this case.With credible & committed witnesses, it is no longer a case of the driver's word against the word of the cyclist, who might not remember details, due to trauma and memory loss. If you saw any part of the hit & run,open a case against the driver.If you want to pass on information,we can assist.Please contact us on 021-6716340 or email: info@pedalpower.org.za .It is far more effective to contact us directly than hope we see messages on Twitter or other social platforms.

 

 

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Posted

Today's update, really happy the PPA is assisting! Kudos to them.

 

Update on Faizel Abrahams. We have spoken with his wife to get an update on Faizel's condition. He is being operated on today and he is still in ICU.We respect the privacy of the family and we hold thumbs that everything goes as planned.His wife has informed us that she has instructed an attorney,who is in turn liaising with an advocate.The driver has made a statement and the traffic officer on the scene submitted an accident report. What seems to make no sense is the fact that SAPS advised Faizel's wife that she was not able to lay a charge against the driver.Faizel had to do this once he was out of hospital.We are using various avenues to get hold of the SAPS Central station commander, to make him aware of this situation and get him to take action.We believe there were a number of witnesses.We would urge them to come forward and open a case of fleeing the scene of an accident, or similar,against the driver. A case can still be opened,it is not too late.In the meantime,we have asked our attorneys to get in touch with Faizel's legal representative to find out where PPA can assist. We have offered our support to Faizel's wife and asked her to keep us informed about Faizel's condition and how the case is progressing.

Witnesses are critical to the success of this case.With credible & committed witnesses, it is no longer a case of the driver's word against the word of the cyclist, who might not remember details, due to trauma and memory loss. If you saw any part of the hit & run,open a case against the driver.If you want to pass on information,we can assist.Please contact us on 021-6716340 or email: info@pedalpower.org.za .It is far more effective to contact us directly than hope we see messages on Twitter or other social platforms.

 

 

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Much better.

 

Witnesses we have and some video evidence.  If the PPA can focus on the police and the victims lawyers deal with the rest we can have a good outcome on this.

 

Out of my own experience I know that witnesses (credible witnesses) is of utmost importance.  Lets hope something good comes from this.  Cycling in SA so desperately needs a good conviction.

Posted

They will need to get a credible witness who can testify about the actual impact, else the defense will just argue that the damage to the driver's car and the injured cyclist cannot be reliably connected together.

Posted

They will need to get a credible witness who can testify about the actual impact, else the defense will just argue that the damage to the driver's car and the injured cyclist cannot be reliably connected together.

 

Surely leaving the scene implies some sort of guilt... But heard enough stories to know this isn't going to be the case.

 

Hoping the video captures the car on the wrong side of the road or something else that supports prosecution.

Posted

Surely leaving the scene implies some sort of guilt... But heard enough stories to know this isn't going to be the case.

 

Hoping the video captures the car on the wrong side of the road or something else that supports prosecution.

 

If you are involved in a road traffic incident, the law clearly states you are prohibited from leaving the scene until formalities/statements are concluded. If the full letter of the law is followed, you are in for some bother if you do leave.

Posted

If you are involved in a road traffic incident, the law clearly states you are prohibited from leaving the scene until formalities/statements are concluded. If the full letter of the law is followed, you are in for some bother if you do leave.

 

It is the involvement part that will need to be proven beyond a shadow of doubt. Unfortunately.

Posted

It is the involvement part that will need to be proven beyond a shadow of doubt. Unfortunately.

 

I can see Takealot making a fortune from Hubbers on cheapo action cams. Bar/Post cams will become a new thing on Youtube

Posted

They will need to get a credible witness who can testify about the actual impact, else the defense will just argue that the damage to the driver's car and the injured cyclist cannot be reliably connected together.

 

 

If you are involved in a road traffic incident, the law clearly states you are prohibited from leaving the scene until formalities/statements are concluded. If the full letter of the law is followed, you are in for some bother if you do leave.

 

 

It is the involvement part that will need to be proven beyond a shadow of doubt. Unfortunately.

 

The leaving is the thing here.

 

Without a driver liability law in place, the state still has to prove the motorist was in the wrong and that is what caused the accident, beyond a reasonable doubt of course.

 

In the UK drivers have used excuses like the sun caused a blind spot and they didn't see. Reasonable doubt and got off.

 

If we had a liability law in place AND witnesses who saw the impact, the DRIVER would have to prove he was not negligent. Significantly harder.

 

Huge difference.

 

Which is why I continue to lobby for driver liability as that is the single biggest thing that stops negligent driving close to cyclists.

 

It's good to see the PPA taking an active role in this case.

 

Edit: language

Posted

Posting to make sure this thread is kept in our minds. 

 

Also, see there was a cyclist hit outside the Mount Nelson today by a car.

 

Anyone have any info?

 

saw this as well, I'm not sure he was hit by a vehicle

 

he was bleeding from the face, and right next to was a "bergie" also bleeding from the face, what looking like a brawl, whether it may be an argument or attempted mugging or more speculation, however i did not see a car on the scene. Metro was on the scene keeping a close eye on the said "bergie"

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