Drunk drivers slammed after two cyclists killed

schumi

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Durban motorist charged with killing 2 cyclists appears in court

Kaveel Singh, News24

Durban – The man charged with killing two cyclists when he struck them with his car on the M4 in Durban appeared briefly in the Durban Magistrate's Court on Wednesday.

Omesh Ramnarain, 32, had his case postponed to May 17.

He was arrested on Sunday, February 7, at the scene of the crash in which cyclists Richard da Silva and Jarred Dwyer were killed.

Da Silva and Dwyer had been part of a group of cyclists on a training ride on the M4 Ruth First Freeway when Ramnarain allegedly struck them with his VW Golf GTI around 05:00.

He is facing two counts of culpable homicide, and charges of drunken driving, and reckless or negligent driving.

He was granted R10 000 bail at an earlier court appearance.

News24
Source
http://www.news24.com/SouthAfrica/N...-killing-2-cyclists-appears-in-court-20160330
 

Grant

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and no pinheaded cyclists appearing in court for riding a bicycle on the freeway ?
 

schumi

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What news of Kevin Minter-Brown though...

Minter-Brown draws first blood in fight against dismissal


Durban - Former East Coast Radio DJ Kevin Minter-Brown, who was dismissed over a controversial Facebook post, has won the first round labour battle against the radio station.

The Arbitration Foundation of Southern Africa ruled on Thursday that the radio station, which dismissed Minter-Brown on the basis that he was an independent contractor, was incorrect. A ruling was made that found Minter-Brown to be an employee of ECR and therefore protected under the Labour Relations Act.

The ruling, according to his lawyer, Jacques Schabort, means Minter-Brown can now pursue his claim of unfair dismissal from ECR.

When he was axed from East Coast Radio, no disciplinary hearing was held as the station viewed him as an independent contractor.

“This ruling changes that and is going to set a precedent in the industry because many radio stations employ employees in various designations, however, term them as independent contractors when they are actually employees,” Schabortsaid.

Minter-Brown had worked at the station for 15 years on and off and at the time of his dismissal, he was a video producer who worked full time on an eight-hour shift that included paid and sick leave benefits.

More at: http://www.iol.co.za/news/south-afr...irst-blood-in-fight-against-dismissal-2089298
 

schumi

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DJ threatened with interdict following Facebook post

Durban - East Coast Radio on Tuesday threatened its former employee, popular Durban radio personality Kevin Minter-Brown, with a court interdict following a Facebook post he sent out.

Minter-Brown was fired in February 2016 for a Facebook comment about two cyclists who were knocked down and killed on a road where cycling is banned.

The post - which he removed almost immediately - was "satirical", his attorney Bruce MacGregor said.

But some people took offence. Minter-Brown challenged his dismissal.

The radio station's owners, Kagiso Media, claimed he was an independent contractor, not an employee. An arbitrator ruled in his favour. Last week, the company agreed to settle the matter, and put a confidentiality agreement in place.

Interdict threat

In a Facebook post on Tuesday, Minter-Brown detailed what had happened to him and criticised management.

He compared his treatment to the "punishment" meted out to another of the station's DJs, Phat Joe. Joe was suspended for a week for making comments about people with Down's Syndrome, which had resulted in an uproar from listeners.

MacGregor said Minter-Browne "was expressing his frustrations with the entire episode, including his views of ECR (East Coast Radio) and Kagiso Media.

"Kagiso Media and East Coast Radio threatened an interdict and demanded that Kevin take the post down. He agreed to do so and considers the matter at an end."

MacGregor said the parties had opposed each other robustly, but settled their differences amicably.

Referring to the original comment which led to the dismissal, he said it was only through these debates that ideas could be tested and, in some instances, important changes could happen.

"With leaders, both locally and abroad (such as with US President Donald Trump), the disturbing trend is to muzzle the media.

"People and leaders must stand up and speak out for what they believe, no matter how unpopular their views may be. The only limitation should be where their words spur immediate violence. In South Africa we need to become thick-skinned and direct in regard to our problems and their solutions," MacGregor said.

News24
http://www.news24.com/SouthAfrica/News/dj-threatened-with-interdict-following-facebook-post-20170301
 

schumi

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'My life cannot carry on' - partner of killed Durban cyclist

Durban - The life partner of Durban cyclist Richard da Silva, who was knocked over and killed by an alleged drunk driver, came to court on Monday, having steeled herself to testify.

Instead, Sonja Ferreira was left struggling to contain her tears after Durban Regional Court Magistrate Anand Maharaj explained that he was reluctantly adjourning the trial.

Omesh Ramnarain, 32, a plumber from Phoenix, is on trial on charges of drunk driving and culpable homicide for the deaths of Da Silva, 46, and his cycling partner Jared Dwyer, 36.

He allegedly knocked them down on the M4 highway leading out of the city in February 2016. Ramnarain was arrested at the scene.

Ferreira, who had been in a relationship with Da Silva for 25 years, was cycling ahead of him that morning.

"I wish I had seen more, so that I could testify about exactly what happened. These delays are so frustrating. It’s like my life cannot carry on," she told News24 outside the courtroom.

Closure

Dwyer's relatives, including his mother, were in court. Through an attorney, they wrote a letter to prosecutor Herman Mouton, "strongly objecting" to any more delays, as they wanted closure.

Ramnarain's attorney Devin Moodley said the adjournment was necessary so he could obtain a further expert report, because the defence was "of a technical nature".

"Unfortunately, because it is a high profile media case, people have been unwilling to assist us. But we have now found a professor who can assist as soon as he returns from overseas later this month."

Maharaj initially suggested it could be a delaying tactic, but Moodley denied this. To force the trial to continue would be an exercise in futility, because in previous similar circumstances in the past, the High Court had stopped the trial or set it aside, Maharaj said.

"I apologise for this. In terms of the law, there is not much I can do," he said to witnesses, friends and relatives in the public gallery.

Caro Smith, of South Africans Against Drunk Driving, said the case was important in light of recent statements government ministers had made about drunk driving.

"If he [Ramnarain] is found guilty, he should go to jail."

The case was adjourned until April, when a new trial date would be set.

News24
http://www.news24.com/SouthAfrica/N...-on-partner-of-killed-durban-cyclist-20170313
 

schumi

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Driver in M4 crash expected to plead guilty

Omesh Ramnarain is expected to plead guilty to the criminal charges leveled against him in connection with the 2016 deaths of cyclists Richard da Silva and Jaryd Dwyer.

It is alleged that a drunk Ramnarain got behind the wheel of a VW Golf GTi and slammed into da Silva, 46, of Glen Anil, and Dwyer, 36, of Glenwood, killing the pair last year.

Da Silva and Dwyer were hit while they were riding on the M4, just past the Swapo Road (Broadway) turn-off, a little after 5am one Sunday morning.

More at: https://www.iol.co.za/mercury/news/driver-in-m4-crash-expected-to-plead-guilty-11002809
 

xrapidx

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Its amazing how these things are continually delayed - zero respect for the victims and their families... It should be taken into account in sentencing - you can't be remorseful if you keep putting the families through this.
 

ProfA

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Its amazing how these things are continually delayed - zero respect for the victims and their families... It should be taken into account in sentencing - you can't be remorseful if you keep putting the families through this.

Wait. So out of respect for victims families, you should screw yourself over and get the trial done ASAP? **** that.
 

xrapidx

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Wait. So out of respect for victims families, you should screw yourself over and get the trial done ASAP? **** that.

How long have the postponements been going on? You're not remorseful if you're continually looking for loop holes.
 

ProfA

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How long have the postponements been going on? You're not remorseful if you're continually looking for loop holes.

LOL, so you are the new king of spotting what is justifiable postponements and what is not? :crylaugh:
 

xrapidx

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LOL, so you are the new king of spotting what is justifiable postponements and what is not? :crylaugh:

That would obviously make you the new queen at what isnt? :crylaugh:

This is an open forum - where people are allowed opinions ;)
 

Bizkit87

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Still see cyclists on the M4, is it legal now?

Reg 323.


(1) No person shall operate on a freeway—

(a) a vehicle drawn by an animal;

(b) a pedal cycle;

These rules relate specifically to cycling:

Riding without a helmet is illegal.
Always stop at all red traffic lights and all stop streets, and give way to pedestrians.
The law says you must ride on the left of the road.
You must be seated in your saddle.
You must ride in single file.
You may not deliberately swerve your bicycle from side to side.
If you are riding on a public road where there is a bicycle lane, you must use that lane.
Along with dedicated bicycle paths and lanes, you may therefore ride on any road open to cycling. This excludes freeways (like the M3, M5, N1 and N2 in and near Cape Town, and all roads which indicate they are closed to bicycles.
Use cycle lanes wherever these exist.

The highlighted rules gets broken by majority of the cyclist I see in Cape Town, especially the group @5pm on the Kuilsrivier road... screw them.




also seeing what is defined as a 'freeway'

A controlled-access highway provides an unhindered flow of traffic, with no traffic signals, intersections or property access. They are free of any at-grade crossings with other roads, railways, or pedestrian paths, which are instead carried by overpasses and underpasses. Entrances and exits to the highway are provided at interchanges by slip roads (ramps), which allow for speed changes between the highway and arterials and collector roads. On the controlled-access highway, opposing directions of travel are generally separated by a median strip or central reservation containing a traffic barrier or grass. Elimination of conflicts with other directions of traffic dramatically improves safety[1] and capacity.

So from that, it's illegal for cyclist to be on a N or R or M road in South Africa. [some R road are exempted from this, as they have traffic signals, intersections and property access]
 
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NarrowBandFtw

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ProfA

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So from that, it's illegal for cyclist to be on a N or R or M road in South Africa. [some R road are exempted from this, as they have traffic signals, intersections and property access]

Cyclists only expect the law to work when one of them is knocked over. Every single day I see cyclists using the N1 highway. They cycle 2, sometimes 3 abreast on the yellow lane, and make sure to flip off all motorists who dare use the regular left hand lane too closely to them.
 

Bizkit87

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Cyclists only expect the law to work when one of them is knocked over. Every single day I see cyclists using the N1 highway. They cycle 2, sometimes 3 abreast on the yellow lane, and make sure to flip off all motorists who dare use the regular left hand lane too closely to them.

One day i had to brake HARD [from 80km/h to practically < 10km/h] as a truck came on the other side, and 3 riders side-by-side, if i didn't brake i would have to either heads-on the truck, or killed a cyclist. After the truck passed and I could over take them, i angerly hooted at them [you know the one], and got variations of 'fck you' , 'wtf did we do' and 'piss off'.
 
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