Durban's drunk driving fiasco

schumi

schumi

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Durban - Durban's fight against drunk driving could be dealt a major blow after it emerged this week that metro police could have outsourced a crucial function to an unregistered, allegedly unqualified nurse.

The unit could now find itself facing civil suits from hundreds of motorists who were arrested and fined for drunken driving after the Chatsworth Magistrate’s Court threw out a case when it learnt that a part-time nurse, Irfaan Bux, hired by the city police for roadblocks, was not registered with the South African Nursing Council.

Now, the National Prosecuting Authority has launched an investigation to determine the scale of the problem, while the metro police have removed the man from his role of drawing blood from drivers at roadblocks and claim that he submitted fraudulent documents to get the job.

It all came to a head when Durban motorist Poobendren Pillay, 44, was arrested at a roadblock on Higginson Highway, Chatsworth, in April this year.

Driving under the influence of alcohol charges were dropped when he challenged Bux’s credentials in the matter that was later struck off the court roll.

Bux has provided his services to the metro police as a part-time nurse for the past 10 years while he worked as an ambulance assistant for a paramedical services company. His part-time job with the city required him to be registered with the nursing council by law. He was not.
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More at: https://www.iol.co.za/sunday-tribune/news/durbans-drunk-driving-fiasco-12574195
 
hmm...not sure it's fair that all those drivers escape justice though.

I mean unregistered or not...presumably blood drawn won't magically change it's alc content due to lack of certification.
 
HavocXphere said:
hmm...not sure it's fair that all those drivers escape justice though.

I mean unregistered or not...presumably blood drawn won't magically change it's alc content due to lack of certification.
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Life is not always fair, but consider the alternative: criminal charges of negligence against the police for using an unregistered person to draw blood. Imagine if they had been using unsterilised needles, or something which placed your life in danger!?

Edit: There is a lot of additional content in the the article, which gives some context about the case itself, and that only one individual was unregistered. The issue of credentials and evidence standards is rather messy, but a drunk driving conviction would be seriously career limiting for most people.
 
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HavocXphere said:
hmm...not sure it's fair that all those drivers escape justice though.

I mean unregistered or not...presumably blood drawn won't magically change it's alc content due to lack of certification.
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It's inadmissible as evidence.

They should have done their homework and vetted the applicants qualifications/prof registration etc before appointing them.
 
Adrianax said:
Hope all those charges are withdrawn, people released and they all sue the s**t out of the Durban Municipality!
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Now that’s stupid. You think the municipality is a private business or something? The tax payers would have to foot the bill. Saffers can’t afford an increase in taxes right now.
 
ponder said:
So how can you have a court case without evidence or a conviction for that matter?
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huh? You don't have a court case.

That's my entire bloody point. All these drivers are getting a get out of jail free card based on a technicality.

Realistically the blood drawn is a reliable indicator of blood alc whether it was drawn by a certified person, an unverified person or a monkey.

I get the point of following legal process...but this does mean that a mountain of (highly likely) drunk drivers are getting a free pass. These guys are going to hit the road again...hence me expressing discomfort with this entire story despite it technically ticking all the right boxes in terms of legal process
 
HavocXphere said:
huh? You don't have a court case.

That's my entire bloody point. All these drivers are getting a get out of jail free card based on a technicality.

Realistically the blood drawn is a reliable indicator of blood alc whether it was drawn by a certified person, an unverified person or a monkey.

I get the point of following legal process...but this does mean that a mountain of (highly likely) drunk drivers are getting a free pass. These guys are going to hit the road again...hence me expressing discomfort with this entire story despite it technically ticking all the right boxes in terms of legal process
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Exactly there is no court case so any conviction or criminal record should be set aside, erased or whatever. Even if 'guilty' they get off.
 
Think we might be arguing the same point / talking past each other here...(I hope)

ponder said:
Exactly there is no court case so any conviction or criminal record should be set aside, erased or whatever. Even if 'guilty' they get off.
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Yes...that is the point I've been making all along. See my initial post in the thread:

HavocXphere said:
hmm...not sure it's fair that all those drivers escape justice though.
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Let's take it a step further.

Suppose there are 1000 murder cases arrests. Then some minor technicality is found - someone didn't fill in the right form or whatever. All 1000 get released and do well...whatever. Now I do believe in "guilty until proven innocent"...but 1000 possible murders running around thanks to a form not filled out is ethically problematic to me
 
HavocXphere said:
Suppose there are 1000 murder cases arrests. Then some minor technicality is found - someone didn't fill in the right form or whatever. All 1000 get released and do well...whatever. Now I do believe in "guilty until proven innocent"...but 1000 possible murders running around thanks to a form not filled out is ethically problematic to me
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It is what it is, somebody screwed up and society pays the price.
 
Speaking to the Sunday Tribune this week, Bux claimed he was qualified to draw blood as a phlebotomist and that he had decided to call it quits at the metro police.

He said he was registered with the Health Professions Council of South Africa.

“I am a phlebotomist and therefore qualified to draw blood. I have been providing services for metro police for 10 years, assisting them by drawing bloods on suspected drunk drivers.

“I do not work for them any more. I stopped this month because my health is deteriorating and I cannot work any more.

“I do not have a relationship with anyone from management. It’s not true that I am not qualified to draw bloods. I studied at UCT,” said Bux.
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If he is a qualified phlebotomist he is qualified to draw blood afaik, so it would seem there’s more to the story that is still to come out.
 
Dave said:
If he is a qualified phlebotomist he is qualified to draw blood afaik, so it would seem there’s more to the story that is still to come out.
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http://www.justice.gov.za/legislation/acts/1977-051.pdf

36D Powers in respect of buccal samples, bodily samples and crime scene
samples
(1) Subject to section 36A (5), an authorised person must(a)
take a buccal sample; or
(b) cause the taking of any other bodily sample by a registered medical
practitioner or registered nurse defined in the National Health Act,
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https://preview.tinyurl.com/ycrg844w (National Health Act),
"nurse" means a professional registered with the South African Nursing Council trained in
forensic clinical medicine who, is authorised to examine, take forensic evidence for
investigation and provide counseling and testing to the victim of sexual assault.
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From the link in the OP, https://www.iol.co.za/sunday-tribune/news/durbans-drunk-driving-fiasco-12574195

His part-time job with the city required him to be registered with the nursing council by law. He was not.
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“I don’t know that guy I only became aware that he was not registered with South African Nursing Council after I was called by the prosecutors,” he said.
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His attorney, Leo Govender, said their investigation and evidence presented in court proved that Bux was qualified as an ambulance assistant and not as a nurse.
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The South African Nursing Council also confirmed in court that he was not registered with them.
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That's the anc for you. Too many people in positions they have no qualifications or fraudulent for and it must be 100000:s of them.
 
Adrianax said:
Hope all those charges are withdrawn, people released and they all sue the s**t out of the Durban Municipality!
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Are you hoping to get lucky from a drunk driving charge?

I’m all for the charges being removed from those who had blood drawn by this unregistered nurse but to think of civillaly suing the city is just retarded in my opinion
 
People not doing their jobs, and people employed to do jobs or perform functions/services they are not legally allowed to do.

Don't blame the dronkies.
Look long and hard at the people that are put in charge of the administration of these services and start firing them asap. No redeployment, kick the rubbish out.

If I was one of those people who had blood drawn by this clown, and was affected in anyway in my personal life I would be gunning for the council, no matter if I could not stand when they hauled me out the car or not, cause none of that matters.
 
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