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Cycling South Africa notes and welcomes high court judgment in the matter of Mr shaun Nick Bester


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Posted
1 hour ago, Andymann said:

There's a Sexual grooming and Statutory rape criminal case that's been ongoing now for the better part of 4 years, the accused being a well-known Triathlon coach. It's been a terrible time for the victim and her family and it doesn't seem like it's going to end any time soon.

Criminal cases in SA can take years to be finalized unfortunately

unfortunately this is this is very true on all counts

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Posted (edited)
29 minutes ago, Danger Dassie said:

Guys, the ban is CSA and UCI sanctioned/accredited events. For a minimum of 15 years. That includes the schools series. 

He is banned from participating. 
 

 

Edited by IceCreamMan
Posted
15 minutes ago, Danger Dassie said:

He cannot attend, participate nor provide services/associate with service providers or individuals taking part in sanctioned events who hold a membership/racing licence.
Similiar as doping violations. 

Really….what would happen if he popped up at an event supporting one of his students, or his wife or anyone? No one could stop him doing that. 

he can provide his services , just not under the umbrellas. 

his ban is effective as to participation, everything else he has carte Blanche. To add, his appeal was to a certain degree a win for him. 
 

Afraid to say, this whole saga has been poorly handled by CSA. 
 

Posted
2 hours ago, IceCreamMan said:

Really….what would happen if he popped up at an event supporting one of his students, or his wife or anyone? No one could stop him doing that. 

he can provide his services , just not under the umbrellas. 

his ban is effective as to participation, everything else he has carte Blanche. To add, his appeal was to a certain degree a win for him. 
 

Afraid to say, this whole saga has been poorly handled by CSA. 
 

Yes really. 
He can be escorted off, this has happened to others serving bans.

Without those umbrellas, there’s effectively no services to offer. Takes a lot of fronting to do. Any ‘carte blanch’ is hamstrung.

CSA have done the right thing, they have a private provider in place and adopt a universally accepted Safe Guard policy.

They took action, communicated as such. Took measures to protect those affected. Defended a number of appeals, including in the high court. 
Really, they are not the villain here.

Posted
1 hour ago, Danger Dassie said:

Yes really. 
He can be escorted off, this has happened to others serving bans.

Without those umbrellas, there’s effectively no services to offer. Takes a lot of fronting to do. Any ‘carte blanch’ is hamstrung.

CSA have done the right thing, they have a private provider in place and adopt a universally accepted Safe Guard policy.

They took action, communicated as such. Took measures to protect those affected. Defended a number of appeals, including in the high court. 
Really, they are not the villain here.

Not saying that they are the villain , saying they did not handle this well. 

CSA is an administrative body. Nothing more. They have no authority to escort anyone from public areas where most cycle events are held. 

Without those umbrellas the services are still very much on the table, not only in cycling but in other sports like triathlon etc. 

We disagree, that’s fine. This dude will be free to come and go as he pleases. This is the tragedy in this. 
 

Posted
1 hour ago, IceCreamMan said:

Not saying that they are the villain , saying they did not handle this well. 

CSA is an administrative body. Nothing more. They have no authority to escort anyone from public areas where most cycle events are held. 

Without those umbrellas the services are still very much on the table, not only in cycling but in other sports like triathlon etc. 

We disagree, that’s fine. This dude will be free to come and go as he pleases. This is the tragedy in this. 
 

How do you think they should’ve handled it better?

Posted
9 hours ago, IceCreamMan said:

Not saying that they are the villain , saying they did not handle this well. 

CSA is an administrative body. Nothing more. They have no authority to escort anyone from public areas where most cycle events are held. 

Without those umbrellas the services are still very much on the table, not only in cycling but in other sports like triathlon etc. 

We disagree, that’s fine. This dude will be free to come and go as he pleases. This is the tragedy in this. 
 

What do you propose?

I'm really interested in the motive behind picking holes in the process.

What do you disagree with in terms of the handling and how would you have done it differently?

Bearing in mind the legal aspect of the proceedings and the reach a governing body does have

 

Posted
2 hours ago, Bro Derek said:

What do you propose?

I'm really interested in the motive behind picking holes in the process.

What do you disagree with in terms of the handling and how would you have done it differently?

Bearing in mind the legal aspect of the proceedings and the reach a governing body does have

 

If the parents of the minors involved choose not to proceed with criminal charges (as it seems they have not), then then CSA should get a letter from the NPA confirming they are not going to prosecute, and then instituted a private prosecution via their attorneys, or maybe even via Gerrie Nels/Afriforum private prosecution team.

CSA also has a duty of care responsibility here, and at the very least they need to get him listed on the sex offender watchlist/NRSO.

 

There was a similar situation a few years ago at a scout group, where the parents of the girl involved did not want to proceed with criminal charges, and were happy with the leader just being banned from Scouting, but Scouts SA proceeded with a criminal case, and had him succesfully listed a a child sex offender. 

Posted
11 hours ago, IceCreamMan said:

Not saying that they are the villain , saying they did not handle this well. 

CSA is an administrative body. Nothing more. They have no authority to escort anyone from public areas where most cycle events are held. 

Without those umbrellas the services are still very much on the table, not only in cycling but in other sports like triathlon etc. 

We disagree, that’s fine. This dude will be free to come and go as he pleases. This is the tragedy in this. 
 

Yes, CSA is not a policing force. That is up to the SAPS. But they don't police sporting body bans.

As far as this matter with Bester is concerned, the CSA has done what it can in terms of ensuring that he has no access to their systems, accreditation,  etc.

Can he coach at a private school? likely not but he doesn't have a criminal record in this regard and such a body would have to determine if he is worth the risk based on his CSA sanction, not via a criminal record. SafeGuarding should pull up his sanction by CSA  if t has been logged then this can be actioned.

Posted
3 hours ago, Bro Derek said:

What do you propose?

I'm really interested in the motive behind picking holes in the process.

What do you disagree with in terms of the handling and how would you have done it differently?

Bearing in mind the legal aspect of the proceedings and the reach a governing body does have

 

 

11 hours ago, Cal Naughton Jr. said:

How do you think they should’ve handled it better?

I reckon Martin who posted above has captured my thoughts succinctly regarding this. If CSA believed they had a strong enough “case” they should have followed through. After all, they have a duty of care to all members and even more so for minors. Bringing up charges of this nature is incredibly serious in either case of the person being guilty or even if innocent. We know public  opinion and how it is swayed. This dude is now essentially free to carry on doing what he has ( allegedly) been doing all along. There is something fundamentally ****** up with that. 
 

just a point I believe some have missed here, the appeal was not against the charges per se, but against the sanction applied. 

Posted

@IceCreamMan and @Martin Albrecht how much of the initial part of this do you remember?

From the beginning there was mention that a criminal case was likely never going to be an avenue of pursuit as once raised, there is no way to protect the minors involved.

So, regardless of who lays the charges, the kids involved would/could be subpoenaed.

This avenue was shut down really quickly by the parents/guardians when the news broke. It had to do with a degree of trauma and reliving events, as well as a degree of privacy and anonymity which is unfortunately not an option in criminal court. (There is a level of 'protection, but all involved in proceedings are aware of names)

Always best to remember and appreciate continuity in these things, despite the elapsed time.

Posted
1 hour ago, Bro Derek said:

@IceCreamMan and @Martin Albrecht how much of the initial part of this do you remember?

From the beginning there was mention that a criminal case was likely never going to be an avenue of pursuit as once raised, there is no way to protect the minors involved.

So, regardless of who lays the charges, the kids involved would/could be subpoenaed.

This avenue was shut down really quickly by the parents/guardians when the news broke. It had to do with a degree of trauma and reliving events, as well as a degree of privacy and anonymity which is unfortunately not an option in criminal court. (There is a level of 'protection, but all involved in proceedings are aware of names)

Always best to remember and appreciate continuity in these things, despite the elapsed time.

Minors are protected and presumably their names were known during the CSA hearings. 
 

I accept the privacy requirements especially regarding minors and the nature of this, but surely the greater good of society is more important esp given the nature of this. 
 

if the allegations are of such a seriousness the state has no option but to investigate etc. 

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