Burry Stander: Charges to be reinstated

Nobody is defending the taxi driver.

 

Further, to assume that the driver is automatically wrong because Burry was a "pro bike handler" is ludicrous.

IMO to assume the opposite is even more ludicrous.

I didnt see the accident so I accept the ruling of the court.

sorry to say, but after all this time, and they not prepared.

Charges provisionally withdrawn, take that as a indication of things to come. this is sadly not gonna go anywhere.

G

I didnt see the accident so I accept the ruling of the court.

Let's hope this is the case. Huge difference between withdrawn and just taken off the roll.

In plain English what does "provisionally taken off the roll" mean...

Did the taxi turn in front of Burry?

Why was the driver arrested in the first place if it wasn't he's fault?

Any photos of the accident scene.

In plain English what does "provisionally taken off the roll" mean...

In this case,my guess is that the state is still waiting for the plan and accident report.They can take months to get completed.

A blood sample can take a year so the state withdraws their case as the accused has a right to a speedy trial.When the blood result comes back and it high then they will charge the person again.

Did the taxi turn in front of Burry?

Why was the driver arrested in the first place if it wasn't he's fault?

Any photos of the accident scene.

If there is a fatality, isn't it an automatic arrest. There were many photos posted here of the scene. From what I read at the time, the driver cooperated from the start.

If there enough facts and evidence to convict the driver, but the prosecution screwed, then it's a sad day. You can't, however, convict someone on sentiment.

Yes yes that's obvious

Seems like you cannot convict someone the proper way either which leaves nothing else but sentiment.

Lets wait and see where this ends up, but you have to admit it's looking increasingly likely that justice wont be served.

In plain English what does "provisionally taken off the roll" mean...

"Provisionally" taken off the roll means that the accused can be charged again at a later stage (e.g. when the evidence is ready as Gummibear said).

"Withdrawn" would be when the prosecutor decides in principle not to proceed with the case - that is then the end of the matter and the accused then cannot be charged again later

Yes yes that's obvious

Seems like you cannot convict someone the proper way either which leaves nothing else but sentiment.

 

Lets wait and see where this ends up, but you have to admit it's looking increasingly likely that justice wont be served.

What is justice in this case for you? A conviction?

Did the taxi turn in front of Burry?

Why was the driver arrested in the first place if it wasn't he's fault?

Any photos of the accident scene.

From what I recall the taxi turned in front of Burry into a side road, crossing the solid white line to do so.

Apparently (not 100% sure about this) the taxi was using the side road to avoid a traffic light further down the road.

I feel for Cherise and Burrys family The hopefully successful prosecution may have given them some closure which they sadly may not get now

Ai, so much of speculation people .. wait for the facts.

Incidentally, does anyone here have any knowledge or experience of private prosecutions?

What is justice in this case. For you? A conviction?

A conviction - YES. This might just make motorists a little more aware of us cyclists on the road, knowing that there are real consequences to killing someone with your car. This is (was ) a golden opportunity to add some meaning to a senseless death - might have saved a few more lives down the line.

Cherise just said on the radio the driver hit Burry from the opposite side of the road.

Now my question is how can the driver NOT be at fault? Another epic fail from our so called judicial system

What is justice in this case. For you? A conviction?

The opportunity for the defense and state to argue their case in front of a judge based on evidence as produced by both sides.

Justice would be the end decision of the judge based on what has already happened and not what has not happened....

 

A conviction - YES. This might just make motorists a little more aware of us cyclists on the road, knowing that there are real consequences to killing someone with your car. This is (was ) a golden opportunity to add some meaning to a senseless death - might have saved a few more lives down the line.

Once again, this is based on assumption. Do you know what evidence the prosecution has?

If he is guilty, I would like nothing more than to see him convicted. It's just not that simple.

Lets wait and see where this ends up, but you have to admit it's looking increasingly likely that justice wont be served.

40 people die on the roads here every day so its pretty obvious that the enforcement and justice systems are not working. It's no surprise, then, that Burry's case also suffers from this.

I think that his people have a much better chance of getting somewhere with this case, than virtually anyone else because of his high profile. The outcry has started immediately so we'll see what the system can produce under pressure.

For the 1,000s of others, well I dont know, seems like there's nothing & that includes the recreational cyclists, regularly culled.

 

The opportunity for the defense and state to argue their case in front of a judge based on evidence as produced by both sides.

 

Justice would be the end decision of the judge based on what has already happened and not what has not happened....

What if there simply isn't enough evidence to proceed?

From what I recall the taxi turned in front of Burry into a side road, crossing the solid white line to do so.

 

Apparently (not 100% sure about this) the taxi was using the side road to avoid a traffic light further down the road.

Herersay.........

What if there simply isn't enough evidence to proceed?

No evidence (messed up docket) = no case, simple.

History repeats itself.

Once again, this is based on assumption. Do you know what evidence the prosecution has?

 

Are you a lawyer by any chance TW (oh and Sepia)?

It's all semantics to me. Bottom line is, a great champion died, from the eyewitnesses that made statements to the press the taxi was in the wrong, and Burry's death was in vein.

Sad day, I'll let the legal folk with their semantics argue this one til the cows come home, it just doesn't seem right though.

 

No evidence (messed up docket) = no case, simple.

History repeats itself.

Yeah, the NPA has had a number of howlers of late.