Burry Stander: Charges to be reinstated

and we wait.

G

lets hope justice wont let us down for a change

Dries Liebenberg‏@DriesLiebenberg15h

Burry Stander's bicycle, taxi both in roadworthy condition, police expert testifies in Port Shepstone court #sabcnews

ries Liebenberg‏@DriesLiebenberg15h

Magistrate to inspect Burry Stander accident scene at Shelly Beach on KZN south coast tomorrow #sabcnews

You would have thought the magistrate would have inspected it by now, before trying to prosecute a case here he needs to proof the driver of Taxi was negligent.

G

You would have thought the magistrate would have inspected it by now, before trying to prosecute a case here he needs to proof the driver of Taxi was negligent.

 

G

If the case hasn't been before him, he has no reason to inspect the site. Unreasonable to expect otherwise. Magistrates don't prosecute; they hear matters.

Sorry true, missed the fact that it was the magistrate that was going to inspect the site, my brain read, advocate/lawyer/council,

excuse me, no coffee yet.

G

If the case hasn't been before him, he has no reason to inspect the site. Unreasonable to expect otherwise. Magistrates don't prosecute; they hear matters.

Just read an unedited and unpublished version of yesterday's proceedings. Apparently it was raised in court that you can only cross a solid line when turning into a residential property. Is that true?

Just read an unedited and unpublished version of yesterday's proceedings. Apparently it was raised in court that you can only cross a solid line when turning into a residential property. Is that true?

If I remember correctly it is true. At intersections the line will be broken that would normally allow you to turn into another street.

If I remember correctly it is true. At intersections the line will be broken that would normally allow you to turn into another street.

It'll certainly be interesting to see how this defence works out in court. Apparently the accused's lawyer is claiming there were no signs saying no turning. Not sure if one cancels out the other.

I don't think saying there was not arrow, you should have known the law... would work,

fact is no one even knowing the law is following it. thats the problem, arrow or not, knowing the law or not. fact is, drivers actions was cause of accident.

G

It'll certainly be interesting to see how this defence works out in court. Apparently the accused's lawyer is claiming there were no signs saying no turning. Not sure if one cancels out the other.

I don't think saying there was not arrow, you should have known the law... would work,

 

fact is no one even knowing the law is following it. thats the problem, arrow or not, knowing the law or not. fact is, drivers actions was cause of accident.

 

G

No facts have yet been proven. The first witness called didn't actually witness the accident, only the aftermath.

Does the white line apply in this case. No provision is made to turn into the service road. Unless no turning sign is in place, it could be taken as road marking error??

 

Does the white line apply in this case. No provision is made to turn into the service road. Unless no turning sign is in place, it could be taken as road marking error??

That seems to be the argument the defence is raising.

I dunno, I want justice too but what is justice in this case?? The fact that the taxi is roadworthy is where I start doubting the drivers intentions. He did appear to be in shock and stayed on the scene until the police arrived. Where have you ever heard this happening??

It's sad whichever way you look at it! An example must be made but surely diver's negligence and bad attitudes are what we are fighting..

Is this case about what can happen to any of us?

prosecution would argue taxi driver can not decide if road markings is right or wrong. He is mandated to follow whatever is presented. Did he....

2nd, even if he did follow the markings, he still turned, into oncoming traffic, irrelevant if he saw it or not, his actions, by turning was the cause of the accident.

G

That seems to be the argument the defence is raising.

I dunno, I want justice too but what is justice in this case?? The fact that the taxi is roadworthy is where I start doubting the drivers intentions. He did appear to be in shock and stayed on the scene until the police arrived. Where have you ever heard this happening??

He was said to be in tears. I think, from testimony I've read, that was from both remorse and an alleged beating he received. Taxi was roadworthy, and he had all the correct paperwork.

prosecution would argue taxi driver can not decide if road markings is right or wrong. He is mandated to follow whatever is presented. Did he....

 

2nd, even if he did follow the markings, he still turned, into oncoming traffic, irrelevant if he saw it or not, his actions, by turning was the cause of the accident.

 

G

I really think we need clarity on this.

Do you maybe have a link to the law regarding solid white lines? I was of the impression that it applied to overtaking or switching lanes.

He was said to be in tears. I think, from testimony I've read, that was from both remorse and an alleged beating he received. Taxi was roadworthy, and he had all the correct paperwork.

Even IF the taxi was allowed to cross the white line, he cannot turn in front of oncoming traffic

[insert Ka dish ding guillotine sound]

= GUILTY

prosecution would argue taxi driver can not decide if road markings is right or wrong. He is mandated to follow whatever is presented. Did he....

 

2nd, even if he did follow the markings, he still turned, into oncoming traffic, irrelevant if he saw it or not, his actions, by turning was the cause of the accident.

 

G

..and if he is guilty for these reasons, then he should face the penalty. I fear what will be understood from the verdict though. Media will surely make an example of the driver when in my eyes, a win for cycling should be that hit and run case of a few months ago. All fingers point to that guy being DUI!!

when was he beaten?

The traffic officer who attended the scene said the driver had bloodstains on his shirt, and said he'd been assaulted. He was placed in the cop car for his own safety.

I have said it before and I will say it again. The real people that should be taken to court here are the Traffic Police. The less they do, the more people push the legal limits.. That means speeding, drinking and driving, texting and driving, turning illegally, skipping stop streets and lights, driving unroadworthy vehicles etc etc....If you can get away with because the police force is sitting on their arse..then you will, and that is the REAL problem. If I were the standers I would seriously consider suing the government....

the only way this needs to be looked at... brake it into the simplest of actions/results...

Guilty or not on these....

what was his actions, what was the outcome.

he turned, accident happened. there is no arguing this. Involuntary manslaughter.

what will have impact on sentence, if found guilty, ye, the lines, the visibility, his remorse.

G

I have said it before and I will say it again. The real people that should be taken to court here are the Traffic Police. The less they do, the more people push the legal limits.. That means speeding, drinking and driving, texting and driving, turning illegally, skipping stop streets and lights, driving unroadworthy vehicles etc etc....If you can get away with because the police force is sitting on their arse..then you will, and that is the REAL problem. If I were the standers I would seriously consider suing the government....

I second that! Go for the state next!

Car brochures need to offer indicators as an optional extra, just under colour-coding which is usually last!! Sick of it!!

the only way this needs to be looked at... brake it into the simplest of actions/results...

 

Guilty or not on these....

what was his actions, what was the outcome.

he turned, accident happened. there is no arguing this. Involuntary manslaughter.

 

what will have impact on sentence, if found guilty, ye, the lines, the visibility, his remorse.

 

G

..and public perception?