Drunk driving is a serious offence, but instances of blood samples disappearing is equally criminal
02 February 2022 - 12:46
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Last weekend two cyclists riding in the emergency lane of a major arterial road were struck by a Porsche. One cyclist died at the scene, the other was airlifted to hospital in a critical condition.
The driver of the Porsche appears to have attempted to flee the scene but was prevented from doing so. He was due to appear in court on Monday but his case “evaporated” — the reason given being “lack of evidence”. Since it has been suggested that he was drunk, perhaps he managed to ensure the blood sample (if one was even taken) was “lost”.
In October last year another cyclist was killed by a speeding taxi. Again there is strong evidence to suggest the driver was inebriated. Gauteng transport MEC Jacob Mamabolo promised that the judicial pursuit would be rigorous and relentless. (The municipal elections were imminent). But since then the case has gone very quiet.
Addressing the latest accident Johannesburg mayor Mpho Phalatse is reported to have condemned the plague of drunk driving rather than the plague of lawlessness, corruption and incompetence — as if the responsibility for fatalities such as this should be laid at the door of liquor producers.
To be clear, if the driver of any vehicle operates it under the influence of alcohol they are guilty of a serious offence. But a blood alcohol reading in excess of the legal limit is not a requirement in the prosecution of a driver implicated in culpable homicide. The evidence required is simply that they were driving the vehicle that caused the accident. In this case the driver was driving the vehicle in the emergency lane — itself an offence — and failed to control the car when he came upon the cyclists.
Other than to run an informal “toll” system at roadblocks, there is no evidence that the Johannesburg Metropolitan Police Department (JMPD) does any work at all. It certainly does not ensure the legislation, which exists to minimise accidents and fatalities, is implemented. This makes the entire force and its employers — in this case the City of Johannesburg — indirectly culpable for the carnage on the roads.
Perhaps this is why the mayor is so swift to blame alcohol. I’m surprised she did not also blame Porsche, and perhaps the weather conditions. She certainly does not appear to be sufficiently interested in the pursuit of justice to ask by what amazing sleight of hand a driver who was apprehended at the scene of a fatal accident managed to dematerialise any evidence that he was the perpetrator of the crime.
This anonymous man must be very rich, or very well connected, or both.
Michael Fridjhon, Parktown
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
LETTER: The curious cases of evaporating evidence
Drunk driving is a serious offence, but instances of blood samples disappearing is equally criminal
Last weekend two cyclists riding in the emergency lane of a major arterial road were struck by a Porsche. One cyclist died at the scene, the other was airlifted to hospital in a critical condition.
The driver of the Porsche appears to have attempted to flee the scene but was prevented from doing so. He was due to appear in court on Monday but his case “evaporated” — the reason given being “lack of evidence”. Since it has been suggested that he was drunk, perhaps he managed to ensure the blood sample (if one was even taken) was “lost”.
In October last year another cyclist was killed by a speeding taxi. Again there is strong evidence to suggest the driver was inebriated. Gauteng transport MEC Jacob Mamabolo promised that the judicial pursuit would be rigorous and relentless. (The municipal elections were imminent). But since then the case has gone very quiet.
Addressing the latest accident Johannesburg mayor Mpho Phalatse is reported to have condemned the plague of drunk driving rather than the plague of lawlessness, corruption and incompetence — as if the responsibility for fatalities such as this should be laid at the door of liquor producers.
To be clear, if the driver of any vehicle operates it under the influence of alcohol they are guilty of a serious offence. But a blood alcohol reading in excess of the legal limit is not a requirement in the prosecution of a driver implicated in culpable homicide. The evidence required is simply that they were driving the vehicle that caused the accident. In this case the driver was driving the vehicle in the emergency lane — itself an offence — and failed to control the car when he came upon the cyclists.
Other than to run an informal “toll” system at roadblocks, there is no evidence that the Johannesburg Metropolitan Police Department (JMPD) does any work at all. It certainly does not ensure the legislation, which exists to minimise accidents and fatalities, is implemented. This makes the entire force and its employers — in this case the City of Johannesburg — indirectly culpable for the carnage on the roads.
Perhaps this is why the mayor is so swift to blame alcohol. I’m surprised she did not also blame Porsche, and perhaps the weather conditions. She certainly does not appear to be sufficiently interested in the pursuit of justice to ask by what amazing sleight of hand a driver who was apprehended at the scene of a fatal accident managed to dematerialise any evidence that he was the perpetrator of the crime.
This anonymous man must be very rich, or very well connected, or both.
Michael Fridjhon, Parktown
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
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