Relatives of a Westville cyclist who was killed in an accident three years ago watched in disbelief as the motorist charged in connection with the crash walked free out of the Durban Magistrate’s Court on Monday.
Cyclist Allan Seager died in the crash on Masabalala Yengwa (NMR) Avenue in June 2008.
Nkosinathi Buthelezi, 28, of Durban, handed himself over to police three weeks after the accident. He was charged on three occasions with culpable homicide, but the charges were provisionally withdrawn each time because the police investigators had not completed their case docket.
Allan’s wife, Patricia Seager, became frustrated and enlisted the help of forensic legal consultant Mark Dyson last year. Dyson, a former senior public prosecutor, had liaised with the person prosecuting Buthelezi and the investigating police, leading to the case being enrolled for a fourth time.
On Monday, the magistrate,P Ntlabati, found Buthelezi not guilty of culpable homicide.
She said the only inference that could be drawn from the evidence led by the State was that Buthelezi had been the driver of the vehicle that had been involved in the crash.
However, the State had presented no evidence to show how the accident occurred and had failed to prove that Buthelezi had been negligent. She also found Buthelezi not guilty of failing to stop after a collision.
“According to the defence, the accused heard a loud crash and then stopped. However, he could see nothing and he drove away. I believe he did everything a reasonable man would have done in that situation,” she said.
Dyson said on Monday night that there had been miscommunication between the police and the prosecutor, and that some statements had been outstanding.
Surrounded by family members and friends outside the court, a dejected Seager said she was disappointed.
She would not pursue the matter further.
“I feel the police let us down because there were numerous discrepancies on their part that led to the case being withdrawn several times. But I did all I could to get the case to court and attended court on every occasion in the past three years.
“I just wanted closure for my family.”
Cycling KZN president Mike Bradley called for a separate court to be set up to hear cases involving traffic offences. He said this would expedite the conclusion of such cases.
In recent incidents involving cyclists, Michael Ramsey, 14, died after being hit by a truck while taking part in a cycle race on the R102 at Camperdown in February. Michael slipped on an uneven surface and fell into the path of the truck.
In January, Carla Swart was hit by a truck and died. Swart, 22, who had been doing time trial training on the road to Marquard in the Free State, had stopped to pick up her bike computer, which had fallen off, when she was struck.
In October, Olive Knight, 54, of Morningside, died when she was hit by a car during a cycling event at Midmar Dam. The driver may be charged with culpable homicide.
Motorist Farrel Chinnapa was slapped with a R6 000 fine in August after ploughing into a group of 11 cyclists on the R102 near Glen Anil in 2008. The four cyclists involved all sustained serious injuries.
In December 2009, motorist Moonsamy Naidoo was charged with culpable homicide after cyclist Willem van Heerden died on Snell Parade in 2008. Naidoo died before his trial could be concluded. - The Mercury