Judgment in blue light collision trial

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Judgment on blue light driver Joseph Motsamai Semitjie, accused of knocking over teenager Thomas Ferreira while going through a red light, is expected to be delivered in the Krugersdorp Magistrate's Court on Tuesday.

Semitjie is also accused of reckless or negligent driving, and of failing to help Ferreira after knocking him off his motorbike in November 2011.

He claimed to have been rushing former Gauteng MEC Humphrey Mmemezi to a meeting, and had been instructed to use the official blue lights.

It was alleged Semitjie had driven on the left-hand side of the yellow line.

Ferreira sustained serious injuries in the accident.


Source : Sapa /nsm/ks/mr
Date : 03 Dec 2013 02:07
 
If it was anyone else, he'd probably be sentenced to jail time, a fine, or both.
This is a comrade, his buddies will make sure he gets away with it.
 
http://www.timeslive.co.za/local/20...ound-guilty-of-reckless-and-negligent-driving



Former Gauteng housing MEC Humphrey Mmemezi's driver was found guilty by the Krugersdorp Magistrate's Court on Tuesday of negligent and reckless driving.

"The accused is found guilty of reckless and negligent driving in that he did not make himself visible to other road users. He also did not render any assistance to the complainant," said magistrate Abdul Khan.

Joseph Motsamai Semitjie stood trial for reckless or negligent driving, and of failing to help injured motorcyclist, teenager Thomas Ferreira.

Ferreira collided with the BMW X5 Semitjie was driving when it skipped a traffic light while on the left-hand side of the yellow line in Paardekraal Drive, Krugersdorp, on the West Rand, on Saturday, November 5, 2011. The 18-year-old sustained head injuries and was comatose for weeks.

Semitjie acted recklessly and failed to use the vehicle's siren to warn other road users.

"He also acted recklessly by failing to make sure it was safe before he entered the intersection, therefore posing a danger to other road users and himself."

Khan said the court accepted all the evidence given by State witnesses. Ferreira was in no condition to testify.

The witnesses testified that it would have been impossible for Ferreira to assume Semitjie was about to enter the intersection as there was no siren from the X5.

Semitjie had no advanced driving qualifications and acted while knowing he did not have the skill to do so, Khan said.
 
So found guilty of reckless and negligent driving.

Thats not enough.
 
Former MEC's driver found guilty

Former Gauteng housing MEC Humphrey Mmemezi's driver was found guilty by the Krugersdorp Magistrate's Court on Tuesday of negligent and reckless driving.

"The accused is found guilty of reckless and negligent driving in that he did not make himself visible to other road users. He also did not render any assistance to the complainant," said magistrate Abdul Khan.

Joseph Motsamai Semitjie stood trial for reckless or negligent driving, and of failing to help injured motorcyclist, teenager Thomas Ferreira.

Ferreira collided with the BMW X5 Semitjie was driving when it skipped a traffic light while on the left-hand side of the yellow line in Paardekraal Drive, Krugersdorp, on the West Rand, on Saturday, November 5, 2011. The 18-year-old sustained head injuries and was comatose for weeks.

Semitjie acted recklessly and failed to use the vehicle's siren to warn other road users.

"He also acted recklessly by failing to make sure it was safe before he entered the intersection, therefore posing a danger to other road users and himself."

Khan said the court accepted all the evidence given by State witnesses. Ferreira was in no condition to testify.

The witnesses testified that it would have been impossible for Ferreira to assume Semitjie was about to enter the intersection as there was no siren from the X5.

Semitjie had no advanced driving qualifications and acted while knowing he did not have the skill to do so, Khan said.


Source : Sapa /gm/tk/jk/th
Date : 03 Dec 2013 11:57
 
Driver 'ignored' safety

Blue light driver Joseph Motsamai Semitjie ignored the safety of other road users when he hit teenage motorcyclist Thomas Ferreira, the Krugersdorp Magistrate's Court ruled on Tuesday.

Semitjie, the driver of former Gauteng housing MEC Humphrey Mmemezi, was found guilty of negligent and reckless driving.

"The accused did not enter the intersection when it was safe to do so, and therefore failed to take due regard for the safety of others and himself," said magistrate Abdul Khan.

Ferreira collided with the BMW X5 Semitjie was driving when it skipped a red traffic light while on the left-hand side of the yellow line in Paardekraal Drive, Krugersdorp, on the West Rand, on Saturday, November 5, 2011.

Ferreira, who was 18-years-old at the time, suffered head injuries and was comatose for weeks.

Witnesses testified they did not hear a siren on the X5.

Khan said the court was satisfied with the witnesses' testimony, and there was no reason why they would lie.

"The accused neglected to switch on the siren as per regulations governing the relevant Traffic Act. He did not make himself visible to other road users. He entered the intersection while other vehicles were moving."

Semitjie also did not offer any assistance to Ferreira, even though he had not suffered any visible injuries himself. Instead, Semitjie was busy on his cellphone all the time, Khan said.

"He was able to assess himself and damages to the vehicle he was driving. No evidence presented showed that the accused was unable to assist the motorcyclist at the scene."

Ferreira's mother Priscilla said she was satisfied that justice had been served.

"Thomas could not testify and the court relied on witnesses who were on the scene to find out what happened. We have been hoping for justice through the law," she said outside the courtroom.

It had been a difficult journey for the family and for her son, who would turn 21 in January, she said.

"Brain injuries have a lot of negativity and difficulty. It is still not an easy one for us."

The matter was postponed to March 13 for sentencing procedures.


Source : Sapa /gm/hdw/cls/jk/th
Date : 03 Dec 2013 14:58
 
SENTENCING FOR FORMER MEC'S DRIVER

Sentencing on blue light driver Joseph Motsamai Semitjie, accused of knocking over teenager Thomas Ferreira while going through a red light, is expected to be delivered in the Krugersdorp Magistrate's Court on Thursday.

Semitjie is also accused of reckless or negligent driving, and of failing to help Ferreira after knocking him off his motorbike in November 2011.

He claimed to have been rushing former Gauteng MEC Humphrey Mmemezi to a meeting, and had been instructed to use the official blue lights.

It was alleged Semitjie had driven on the left-hand side of the yellow line.

Ferreira sustained serious injuries in the accident.


Source : Sapa /ge/aw
Date : 13 Mar 2014 02:06
 
NEW LAWYER APPOINTED IN BLUE LIGHT DRIVER'S CASE

A new lawyer has been appointed to represent blue light driver Joseph Motsamai Semitjie, the Krugersdorp Magistrate's Court heard on Thursday.

Semitjie's new lawyer, Thomas Mahlobogoane, arrived in court ahead of the start of sentencing proceedings.

Mahlobogoane told Magistrate Abdul Khan he had been appointed to take over Semitjie's case on January 24.

He claimed to have sent a letter to the court clerk on January 27 requesting the record of the case.

He had not yet received any feedback.

Khan questioned whether Mahlobogoane had made any further efforts to communicate with the clerk.

Mahlobogoane said he had not.

The case was stood down until 11.30am to allow Mahlobogoane time to consult the clerk.

It was unclear how the latest development would affect proceedings.

Semitjie, the driver of former Gauteng housing MEC Humphrey Mmemezi, was found guilty of negligent and reckless driving after he crashed into biker Thomas Ferreira as he rushed the MEC to a meeting in 2011.

During the case, it was heard that Semitjie was driving on the left side of the yellow lane, had not put on his siren, and skipped a red traffic light.

Ferreira, who was 18 years old at the time, suffered head injuries and was comatose for weeks.

Delivering his judgment on the case in December, Khan lashed out at Semitjie for not offering any assistance to Ferreira, even though he had not suffered any visible injuries.


Source : Sapa /nsm/jk/lp
Date : 13 Mar 2014 10:40
 
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