Burry Stander: Charges to be reinstated

What he did do that was illegal and also the direct cause of the crash and the reason we lost our hero was turning across the road when there was an oncoming road user (Burry). For that he must be prosecuted for reckless and negligent driving.

I think this is a big issue and have experienced it a few times myself myself from all kinds of drivers, rich, poor, black, white whatever. Somehow there's an idea that right of way doesn't apply to cyclists. And this is a perfect example that this flouting of the law is, in fact, fatal. Really there needs to be more media attention on this and we need to get this idea into the public mind that a cyclist is a legitmate road user.

Really needs to be stepped up, I feel if us riders don't voice our feelings sadly this will keep happening. It truly is sad that many people cant even use their indicator. Since I ride I am far more aware and patient when by cyclists, why cant others?

This is not good. Where are they posting about details?

News24

I hear you mate. But normal civilians can't do what you did. I realize the guy might never do time. But he can't get off with nothing. At the end of the day, in some cases it's just an accident, but unfortunately most of these taxi drivers have no regard for other road users. They do as they wish and you have to look out for them. In my mind that changes things. In those cases when their actions result in a death, they should have the book thrown at them.

Like everything in this pitiful place: if you want it done, do it yourself. Know of a accident in Durban, same story... You driver, speeding early in the morning. Took two cyclist out - one in ICU, the other hurt - and both bikes trashed. His number plate fell off at the scene. Police traced him - he got off too

 

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

History repeats itself.

Yes, ask Oscar...

Did the taxi driver mean to kill Burry? no he did not, was he wrong in what he did? Based on the evidence, Yes.

Should he face the the consequences? Yes

The law should be clear, and the outcome based on actions, not intentions, the onus is on the state to prove guilt and the taxi driver to prove innocence, all we are asking for is proper investigation and a fair trial, let the evidence speak, and wish that the law will take its course, we lost a hero, friend and national icon, it sucks, it still hurts like hell to not have Burry around, the least we can do is to ensure that justice is done in this case, but to have the case provisionally withdrawn is the slap in the face of Burry's legacy.

Reinstate the damn case and prosecute the driver!

RIP Burry, you are sorely missed!

Did the taxi driver mean to kill Burry? no he did not, was he wrong in what he did? Based on the evidence, Yes.

Should he face the the consequences? Yes

The law should be clear, and the outcome based on actions, not intentions, the onus is on the state to prove guilt and the taxi driver to prove innocence, all we are asking for is proper investigation and a fair trial, let the evidence speak, and wish that the law will take its course, we lost a hero, friend and national icon, it sucks, it still hurts like hell to not have Burry around, the least we can do is to ensure that justice is done in this case, but to have the case provisionally withdrawn is the slap in the face of Burry's legacy.

Reinstate the damn case and prosecute the driver!

RIP Burry, you are sorely missed!

Seems the state wanted another postponement, but the magistrate had said the last appearance would be the last postponement. The prosecutor is said to have offered no reason for the request. A decision to prosecute or not "could not be made during in the allocated time frame”…nor, apparently, has any decision been made as to whether this matter would be pursued and re-introduced to the court roll at a later day.

Why is this? Either it's a failure on the part of the prosecution to be prepared when they go to court, or a lack of strong evidence to pursue the case. I would hate to pre-judge the case, but I suspect it's a combination of both.

Either way, the matter is by no means over. The defence will argue against the re-introduction of the charges, citing that the accused is entitled a fair and speedy trial. One expert quoted in this morning's Mercury says that the state has a strong case, but the longer it takes to go to trial makes it harder to prosecute.

And someone on the Hub told me not to be angry about it as it wasn't the driver's fault!! What did they know?

But this is not new and not confined to SA or cyclists. It ticks motorcyclists off in the US as well.

One things seems sure - you want to kill someone - run them over; it's the least hassle.

 

 

One things seems sure - you want to kill someone - run them over; it's the least hassle.

I dunno, if you wanna pump four bullets into your gf through the bathroom door, you can still be safe and secure in the knowledge that the cops will contaminate the crime scene.

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

Your trust that the facts will emerge is noble... Your faith that they will be correct is a bit weird...

Here's a link to the Mercury's story: http://www.iol.co.za/sport/cycling/burry-stander-trial-shock-1.1541076

Your trust that the facts will emerge is noble... Your faith that they will be correct is a bit weird...

Like your misguided faith in the "facts" about Lance…

Nobody has mentioned anything about traffic conditions at the time of the accident. That could have a bearing on the case. If traffic is backed up and you go whizzing past, just as someone leaves space for a vehicle to turn right, although driver of turning vehicle is still at fault, there is much less blame attached. Happened to a friend who hit a scooter that was riding between two lanes of cars. Scooter rider badly hurt, but he got fined R250 for failing to keep a proper lookout.Scooter rider charged with reckless driving!!

http://www.iol.co.za...shock-1.1541076

Seriously?

http://www.iol.co.za...shock-1.1541076

 

Seriously?

Posted here: https://community.bikehub.co.za/topic/127918-charges-dropped-in-burry-case/page__st__112

Thanks for the merge.

Just as I was about to type a lecture on the difference between civil and criminal liability you edited the post

 

I agree that such a change could make a difference to the attitude of the driving public, however I don't think the difference would be huge - greater risk of civil liability is not going to make much of a difference if you have nothing to lose financially - which might well be the case for a 25 yo taxi driver. But every bit helps.

Ha, decided to engage the brain a bit more before dropping another rant

Either way, it seems obvious to me that we as cyclists really need this case to go to court and it looks like there is a genuine risk of that not happening, which is what gets my blood boiling.

Really needs to be stepped up, I feel if us riders don't voice our feelings sadly this will keep happening. It truly is sad that many people cant even use their indicator. Since I ride I am far more aware and patient when by cyclists, why cant others?

Indicators might as well be optional extras on SA cars.

If this guy walks away there will be no message sent and more cyclists will die as a direct result.

All citizens of this country owe it to themselves to make sure this goes to court and a proper job is done by the prosecution.

Ha, decided to engage the brain a bit more before dropping another rant

 

Either way, it seems obvious to me that we as cyclists really need this case needs to go to court and it looks like there is a genuine risk of that, which is what gets my blood boiling.

I get what you're saying but you may need to engage a lower gear.. read that line again.

Can anyone tell me what the difference is between Burry and the old man hit and run down in front of his son in Stellenbosch? In my opinion, as much as I want to see justice, whatever that may be, should we not be watching the hit&run case a bit closer?? I do feel for the Stander family but justice in this thread terms seems to be justice to all negligence that puts cyclists at risk.

Seems lot of people want 'justice' from the high profile case where there is doubt to who's at fault. This could lead to massive disappointment and the mob lynching of someone who is quite possibly innocent (benefit of doubt). Burry's case is not as clear-cut as the family are hoping, not like the case against the hit and run driver who was clearly negligent as the scene showed and through his need to hide for a few days. Or even those few cases in PE where drivers got off with a light slap.

If the plea is for the Stander family to find peace then I agree, I hope this turns out to be a fair trial for all but if the message is to highlight driver negligence, treat all cases equally and don't miss any opportunity.

I get this is an emotional case but if you are not emotionally attached by some close relation, then cycling needs you to remain subjective and focussed on every case, equally.

Question, when last did we see an update in the hit and run case?

I get what you're saying but you may need to engage a lower gear.. read that line again.

 

Can anyone tell me what the difference is between Burry and the old man hit and run down in front of his son in Stellenbosch? In my opinion, as much as I want to see justice, whatever that may be, should we not be watching the hit&run case a bit closer?? I do feel for the Stander family but justice in this thread terms seems to be justice to all negligence that puts cyclists at risk.

 

Seems lot of people want 'justice' from the high profile case where there is doubt to who's at fault. This could lead to massive disappointment and the mob lynching of someone who is quite possibly innocent (benefit of doubt). Burry's case is not as clear-cut as the family are hoping, not like the case against the hit and run driver who was clearly negligent as the scene showed and through his need to hide for a few days. Or even those few cases in PE where drivers got off with a light slap.

 

If the plea is for the Stander family to find peace then I agree, I hope this turns out to be a fair trial for all but if the message is to highlight driver negligence, treat all cases equally and don't miss any opportunity.

 

I get this is an emotional case but if you are not emotionally attached by some close relation, then cycling needs you to remain subjective and focussed on every case, equally.

 

Question, when last did we see an update in the hit and run case?

Are you talking about the case of Dr Koos Roux (Bottelary Rd, Kuilsrivier)? - http://www.thehubsa....hl__kuils river

The driver was arrested and the case postponed to 29 January 2014.

As for Burry's case not being clear-cut - I think that makes the need for the case to be properlyprosecuted even greater - so that what actually happened can come out for all to see. On the other hand, if the NPA believes there is insufficient reasons to proceed, we need to at least see how they come to this conclusion as well.

I get what you're saying but you may need to engage a lower gear.. read that line again.

 

Can anyone tell me what the difference is between Burry and the old man hit and run down in front of his son in Stellenbosch? In my opinion, as much as I want to see justice, whatever that may be, should we not be watching the hit&run case a bit closer?? I do feel for the Stander family but justice in this thread terms seems to be justice to all negligence that puts cyclists at risk.

 

Seems lot of people want 'justice' from the high profile case where there is doubt to who's at fault. This could lead to massive disappointment and the mob lynching of someone who is quite possibly innocent (benefit of doubt). Burry's case is not as clear-cut as the family are hoping, not like the case against the hit and run driver who was clearly negligent as the scene showed and through his need to hide for a few days. Or even those few cases in PE where drivers got off with a light slap.

 

If the plea is for the Stander family to find peace then I agree, I hope this turns out to be a fair trial for all but if the message is to highlight driver negligence, treat all cases equally and don't miss any opportunity.

 

I get this is an emotional case but if you are not emotionally attached by some close relation, then cycling needs you to remain subjective and focussed on every case, equally.

 

Question, when last did we see an update in the hit and run case?

I'm with you on the Dr Koos Roux incident and am following it with great interest. Postponed to early next year.

Burry's case seems pretty clear cut to me. As far as I'm aware the driver has not disputed the story told consistently in the media. He turned right in the face of oncoming traffic. Seems like a clear case of culpable homicide to me.

The SA justice system is run by a bunch of absolute morons, it never ceases to amazing how stupid they are.

I was out riding the koppies in the south on the weekend when I came across RIP BURRY spray painted on the rocks.

Lots of blnking was required. It still cuts deep.

On the way back from burry stander event in port Edward on Sunday 4 mountain bikers from the Westville area (2 fathers and son and daughter) in their car were involved in a serious accident with another vehicle .. occupying 2 drunk African males ... who died in the accident.

 

 

Like your misguided faith in the "facts" about Lance…

misguided for who??

I still think lance was and will always be a great cyclist... I don't change my opinion just because it's the liberal thing to do...