Justice delayed for VIP-crash teen

Published Nov 15, 2013

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Johannesburg - The Parents of Thomas Ferreira – the matric boy who was left brain-damaged after a crash with a blue-light vehicle in which former Gauteng housing MEC Humphrey Mmemezi was being driven – will have to wait another three weeks to find out if the VIP driver is guilty.

In November 2011, Ferreira crashed his motorbike into a blue-light vehicle that had gone through a red light at the Paardekraal intersection along the R28 in Krugersdorp, west of Joburg. He sustained severe head injuries in the crash and has permanent brain damage.

The VIP driver, Joseph Motsamai Semitjie, was charged with reckless or negligent driving, malicious damage to property, failure to provide assistance to the injured at an accident, and inflicting injuries.

Magistrate Abdul Khan was supposed to give his verdict today but postponed the matter to December 3 due to a family bereavement.

 

“We just want closure,” said Priscilla, Thomas’s mother, outside of court. “But we are positive.”

 

Both sides had already submitted their written heads of argument, but defence attorney Moses Rankoa again claimed Thomas was to blame for the crash because he was travelling between two lanes.

This was in response to the magistrate’s question as to whether Semitjie used the siren in his capacity as an SAPS officer or as an authorised driver of an emergency vehicle, as prescribed in the National Road Traffic Act.

“The person who should be charged is the motorbike driver,” said Rankoa. He claimed his client entered the intersection slowly and would have seen the motorbike if it had been in its own lane. “It was only one or two witnesses that said he actually entered the intersection with high speed,” Rankoa said. “The motorbike driver is the author of his own misfortune.”

Outside court, Thomas’s father, Paul, said he felt that the defence were clutching at straws.

“Obviously, it’s upsetting; I think they are looking for ways to defend themselves,” he said.

But State prosecutor Micky Thesner slammed Rankoa’s argument.

“It seems my learned colleague has taken the opportunity to take a second bite of the cherry,” she said.

Thesner said Semitjie had “exceeded his legal powers” by driving into the intersection while the lights were red for him.

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The Star

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