Farmer arrested after allegedly knocking over 2 children with his car and assaulting a third

Phylax

Phylax

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ForceFate said:
According to statement obtained and published by the police, he intentionally ran the kids over, injuring 2. As I stated in my previous comments, facts will be established and proper action taken.

There's a chance he ran them over by mistake. Or not.
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In other words, there might have been a crime committed, BUT "facts will be established and proper action taken."
 
ForceFate

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konfab said:
The state has to prove he deliberately ran those children over and assaulted them. If they don't, it means that his version of the events is very likely to be the correct one. He cannot be charged with something else unless if they add that onto the initial charges when he goes to court, like he was being negligent by driving his car on the farm.

If he is acquitted, he is done unless the state appeals.
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Woah! Wait. But that post doesn't say
if he is acquitted on the murder and assault charges, he should be charged with a different crime. That cannot happen in SA courts.
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So, show me where I stated this.
 
konfab

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ForceFate said:
Woah! Wait. But that post doesn't say

So, show me where I stated this.
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You said if it was found that he made an honest mistake. That means he cannot be charged with murder or assault. Now unless the state brings additional charges to the trial, it means that he cannot get shoved onto a lesser charge.
 
ForceFate

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konfab said:
You said if it was found that he made an honest mistake. That means he cannot be charged with murder or assault.
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Trial hasn't begun. Charges may still be added or graded differently depending on what they uncover during investigations. He's being accused of attempted murder and assault.
konfab said:
Now unless the state brings additional charges to the trial, it means that he cannot get shoved onto a lesser charge.
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He's not on trial yet. It's bail application. He may go on trial once investigations are complete.
 
ninjaman509

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mojoman said:
A farmer around here shifted from cattle as it was just being stolen all the time (They will literally come with a truck and steal the lot) to mielies...

All of a sardine the area has a ton of roadside shacks selling...can you guess....?

Roasted mielies...
:ROFL:
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Is "all of a sardine" like a reference that I'm not getting or are we just ignoring that you said that instead of "all of a sudden"?
 
Bonywasawarrioraway

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konfab said:
I suppose the concept of double jeopardy to you is watching two episodes of Jeopardy! back to back....

Unfortunately for you, what you want is plainly illegal in South Africa.


https://www.gov.za/documents/constitution/chapter-2-bill-rights#35




If the state wants murder and assault charges, then that is what he will go to court for. If he is found innocent of those charges, the state cannot say: well he is innocent of murder, but we will now bring a charge of culpable homicide against him instead. The state has one trial to find him guilty of murder and assault. If they don't succeed with that, it is over.
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What you say is true but not necessarily correct. The double jeopardy rule states that you cannot be tried for the same crime twice. Culpable homicide and murder are NOT the same crime.
Anyway charge sheets are normally drawn up with alternate charges.

Oscar pistorius for instance was charged with murder but found guilty of culpable homicide. This was later changed to murder on appeal by the state. The difference between the two charges is essentially intention anyway.
 
itareanlnotani

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G'Wobblez said:
So no witnesses?
Just evidence that shows an accident?
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Bingo.

Leaving out all the other bits, like what were they doing in his field.

The most likely story is the one that makes the most sense.
They ran out in front of the bakkie, he braked, and skidded straight into them.

Photos show straight line of skid marks that show a lot of braking going on, but no direction change.
 
ForceFate

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itareanlnotani said:
Bingo.

Leaving out all the other bits, like what were they doing in his field.

The most likely story is the one that makes the most sense.
They ran out in front of the bakkie, he braked, and skidded straight into them.

Photos show straight line of skid marks that show a lot of braking going on, but no direction change.
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While it's possible that it may have been unintentional, it's also possible they were running directly in front of the car and stopped suddenly.

Did the assault happen before or after they were hit?
 
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Cosmik Debris

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ForceFate said:
According to statement obtained and published by the police, he intentionally ran the kids over, injuring 2. As I stated in my previous comments, facts will be established and proper action taken.

There's a chance he ran them over by mistake. Or not.
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The police are not allowed to publish anything about a criminal case.
 
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