Judgment in blue light collision trial

FRIENDS AND FAMILY HAVE ABANDONED US: FERREIRA

It has been a tough journey for the Ferreira family since their son, Thomas, was injured when a blue light vehicle driver crashed into his motorbike, leaving him with severe brain injuries.

Speaking to the media outside the Krugersdorp Magistrate's Court on Thursday, his mother Priscilla Ferreira said it had been a stressful two years and four months for them.

She had been attending what was supposed to be the sentencing proceedings of Joseph Motsamai Semitjie, the man who drove into her son.

"It hasn't just ruined his life but it has ruined all our lives," said Ferreira.

"Friends and family have shunned us," she said.

Her 18-year-old daughter was also having a hard time dealing with her brother's condition.

The blonde-haired, frail and soft-spoken woman said although her son's condition had stabilised, there were hardly any signs of improvement.

The 21-year-old man was scheduled for another operation next week.

While the proceedings were slowly drawing to an end, Ferreira said they had never received any apology from Semitjie.

"No... He has never spoken to us or apologised to us. The only person who came and spoke to us was the premier [Nomvula Mokonyane] and that was three days after the incident," said Ferreira.

Semitjie had been driving former Gauteng housing MEC Humphrey Mmemezi to a meeting when he crashed into Ferreira in 2011.

During the trial, 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.

The then 18-year-old biker was comatose for several weeks after the incident.

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

Before proceedings started on Thursday, Priscilla Ferreira sat alone in the last bench of the courtroom, while Semitjie and his entourage sat in the front row, engaging in conversation.

Khan later postponed Semitjie's case to April 3.

This was to allow his newly appointed lawyer Thomas Mahlobogoane time to obtain the court records from the trial and get a pre-sentencing agreement form.

Mahlobogoane told the court he had written to the court clerk on January 27, requesting the records, but had not received any response.

Prosecutor Mickey Thesner was not pleased about the postponement.

"What is concerning is that the accused waited six weeks to appoint a new lawyer," she said, adding that it would be a mammoth task for the lawyer to get the court records typed.

It was unclear why Semitjie dropped his lawyer Moses Rankoa after his conviction.

The April proceedings would be conducted to check on the progress of the compilation of the court records but Semitjie's official sentencing would only be at a later stage.

Semitjie, who wore an orange jacket and blue jeans to court on Thursday, is not in police custody.

Mahlobogoane later told the media that he and his client were not interested in speaking to them.

"No comment," said Mahlobogoane as he got into his car.


Source : Sapa /nsm/jk/lp
Date : 13 Mar 2014 14:15
 
Delay tactics and with that comes less and less chances of conviction because witness's and evidence will disappear.

These fat cats must be brought to justice and not as history has shown that they almost always get away with things.
 
Hemi300c said:
Delay tactics and with that comes less and less chances of conviction because witness's and evidence will disappear.

These fat cats must be brought to justice and not as history has shown that they almost always get away with things.
Click to expand...

It (Humphrey Mmemezi) is on the Proudly brought to you by the ANC candidate list for the elections
 
BLUE LIGHT DRIVER DEPRESSED: PSYCHOLOGIST

The "blue light" driver accused of knocking over teenager Thomas Ferreira is depressed, the Krugersdorp Magistrate's Court heard on Thursday.

Psychologist Carl de Jager told the court that Joseph Motsamai Semitjie was suffering from post-traumatic stress disorder, insomnia, and had suicidal thoughts.

After their first consultation on July 3, 2012, De Jager said Semitjie was very depressed and referred him to a psychiatrist to obtain medication.

They had had more than 20 consultations since.

The former driver for then Gauteng housing MEC Humphrey Mmemezi was convicted of reckless or negligent driving on December 3. He was driving Mmemezi to a meeting when he crashed into Ferreira, who was on a motorcycle, in November 2011.

Ferreira, who was 18 at the time, suffered brain damage and was comatose for weeks.

De Jager said Semitjie felt genuine remorse during his consultations with him.

"He is showing remorse and feeling sad about what happened because it is a human life that was destroyed."

The court heard that Semitjie received no support after the incident.

"He had to report to work daily but did no work. He felt insecure, isolated and it broke him down," De Jager told the court.

He said Semitjie was not given any legal or financial support from the SA Police Service, provincial government, or the Police and Prisons Civil Rights Union, even though the accident happened during working hours.

This was unfair labour practice, De Jager said.

"This was an injury on duty but he did not get any support legally or financially. Even today, he has taken leave [to appear in court].

"I feel he is a victim of a system he was working under. He was following instructions."


Source : Sapa /mr/jje/th/jk
Date : 28 Aug 2014 11:06
 
Garyvdh said:
BLUE LIGHT DRIVER DEPRESSED: PSYCHOLOGIST

The "blue light" driver accused of knocking over teenager Thomas Ferreira is depressed, the Krugersdorp Magistrate's Court heard on Thursday.
Click to expand...

i wonder just how soon after the accident it was that he went for counselling - i suspect it was much more into the trial to try find some convenient reason to look for sympathy during sentencing proceedings
 
MEDIA PAINTED BLUE LIGHT DRIVER AS VILLAIN

The media portrayed "blue lights" driver Joseph Motsamai Semitjie as a villain, the Krugersdorp Magistrate's Court heard on Thursday.

"He was highlighted as a villain [and] depicted as a cowboy on the roads by media," psychologist Carl de Jager told the court.

He told the court Semitjie was very depressed and suffered from post-traumatic stress disorder and was taking medication.

The former driver of then Gauteng housing MEC Humphrey Mmemezi was convicted of reckless and negligent driving on December 3.

He was driving Mmemezi to a meeting when he crashed into biker Thomas Ferreira in November 2011.

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

During the trial, the court heard that Semitjie was driving on the left side of the yellow line, and had not switched on his siren and had jumped a red traffic light.

"During the trial the accused blamed [Ferreira] for causing the accident. Did you know that?" Magistrate Abdul Khan asked De Jager.

De Jager said his client had not told him that but he had read it in the newspapers.

When asked by Khan who was to blame for the accident, De Jager said based on what Semitjie had told him about his working conditions, others should also face the blame.

"He can't be blamed alone, the whole circumstance he was working under must be taken into consideration."

At the time, Semitjie was working under very stressful circumstances and under the instructions of Mmemezi, he said.

"In your report you say 'he was working under the instruction of the politician'; were you aware that the accused never gave that evidence?" prosecutor Micky Thesner asked De Jager.

"He said he was instructed to turn the blue lights on, not to drive through a red robot.

"The accident was caused by driving through a red robot, not because of blue lights, which was not under instruction of the politician," Thesner said.

She asked De Jager if a risk profile and psychometric test had been conducted on Semitjie.

De Jager said they had not.

"He was part of the SA police force employed as a VIP driver [and] he drove through a red robot," Thesner said.

De Jager told the court VIP drivers underwent rigorous screening tests so he did not see the need to conduct the tests.

Thesner also questioned the objectivity of De Jager's report.

"You need to base your professional opinion on facts."

She said he did not read the court records or get collateral information to verify Semitjie's claims.

"If you are going to testify in a court of law that a person is not a villain we assume you know what the facts are."

De Jager said he was testifying in his capacity as Semitjie's psychologist and not as a forensic expert.

"I did not get the amount of collateral information that the court wants. Mine was to give feedback to the court, that this person was stressed and he is not a villain but a victim."

De Jager had been treating Semitjie since July 3, 2012 and the report did not include any verified evidence, only what he had been told by his client, which could be viewed as hearsay, Thesner said.

She asked why Semitjie only consulted with De Jager eight months after the incident.

De Jager said it was not unique as some people took years to deal with their PTSD.

Earlier the court heard that Semitjie suffered from post-traumatic stress disorder, insomnia and had had suicidal ideas.

After their first consultation, De Jager said Semitjie was very depressed and he had referred him to a psychiatrist to obtain medication for his depressed mood.

They had had more than 20 consultations since.

The case was postponed to September 29 and 30 for further evidence. The defence team's second witness would be called and two State witnesses.


Source : Sapa /mr/jk/lp
Date : 28 Aug 2014 12:55
 
Garyvdh said:
MEDIA PAINTED BLUE LIGHT DRIVER AS VILLAIN

The media portrayed "blue lights" driver Joseph Motsamai Semitjie as a villain, the Krugersdorp Magistrate's Court heard on Thursday.

"He was highlighted as a villain [and] depicted as a cowboy on the roads by media," psychologist Carl de Jager told the court.

He told the court Semitjie was very depressed and suffered from post-traumatic stress disorder and was taking medication.

The former driver of then Gauteng housing MEC Humphrey Mmemezi was convicted of reckless and negligent driving on December 3.

He was driving Mmemezi to a meeting when he crashed into biker Thomas Ferreira in November 2011.

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

During the trial, the court heard that Semitjie was driving on the left side of the yellow line, and had not switched on his siren and had jumped a red traffic light.

"During the trial the accused blamed [Ferreira] for causing the accident. Did you know that?" Magistrate Abdul Khan asked De Jager.

De Jager said his client had not told him that but he had read it in the newspapers.

When asked by Khan who was to blame for the accident, De Jager said based on what Semitjie had told him about his working conditions, others should also face the blame.

"He can't be blamed alone, the whole circumstance he was working under must be taken into consideration."

At the time, Semitjie was working under very stressful circumstances and under the instructions of Mmemezi, he said.

"In your report you say 'he was working under the instruction of the politician'; were you aware that the accused never gave that evidence?" prosecutor Micky Thesner asked De Jager.

"He said he was instructed to turn the blue lights on, not to drive through a red robot.

"The accident was caused by driving through a red robot, not because of blue lights, which was not under instruction of the politician," Thesner said.

She asked De Jager if a risk profile and psychometric test had been conducted on Semitjie.

De Jager said they had not.

"He was part of the SA police force employed as a VIP driver [and] he drove through a red robot," Thesner said.

De Jager told the court VIP drivers underwent rigorous screening tests so he did not see the need to conduct the tests.

Thesner also questioned the objectivity of De Jager's report.

"You need to base your professional opinion on facts."

She said he did not read the court records or get collateral information to verify Semitjie's claims.

"If you are going to testify in a court of law that a person is not a villain we assume you know what the facts are."

De Jager said he was testifying in his capacity as Semitjie's psychologist and not as a forensic expert.

"I did not get the amount of collateral information that the court wants. Mine was to give feedback to the court, that this person was stressed and he is not a villain but a victim."

De Jager had been treating Semitjie since July 3, 2012 and the report did not include any verified evidence, only what he had been told by his client, which could be viewed as hearsay, Thesner said.

She asked why Semitjie only consulted with De Jager eight months after the incident.

De Jager said it was not unique as some people took years to deal with their PTSD.

Earlier the court heard that Semitjie suffered from post-traumatic stress disorder, insomnia and had had suicidal ideas.

After their first consultation, De Jager said Semitjie was very depressed and he had referred him to a psychiatrist to obtain medication for his depressed mood.

They had had more than 20 consultations since.

The case was postponed to September 29 and 30 for further evidence. The defence team's second witness would be called and two State witnesses.


Source : Sapa /mr/jk/lp
Date : 28 Aug 2014 12:55
Click to expand...



Ferkit< if Thomas were my son, ferk I would have killed this guy, ferk!!!!!!
 
FFS our courts are useless except when the "world is watching."
The case was postponed to September 29 and 30 for further evidence. The defence team's second witness would be called and two State witnesses.
Click to expand...

Get the ducks in a row schedule a week or two and hold the court case.
 
Hemi300c said:
FFS our courts are useless except when the "world is watching."


Get the ducks in a row schedule a week or two and hold the court case.
Click to expand...


F*******ckers!

This makes me furious, that they can get away with this!
 
BLUE LIGHT DRIVER DENIED POSTPONEMENT

The Krugersdorp Magistrate's Court on Monday declined to postpone sentencing proceedings of blue light driver Joseph Motsamai Semitjie, who knocked over teenager Thomas Ferreira.

"I cannot continue granting the accused further indulgences," Magistrate Abdul Khan said.

"This matter has to come to an end."

Semitjie's lawyers had asked for another postponement as their witness, a police colonel, was in the Eastern Cape.

The State opposed the move and said the same witness had failed to appear in court on numerous occasions. Khan said the matter had been postponed several times already.

"What is the chance that the witness will come to court?" he asked.

Dressed in a blue and grey tracksuit, Semitjie sat in the dock and listened as Khan turned down the request.

Semitjie, the former driver of then Gauteng housing MEC Humphrey Mmemezi, was convicted of reckless and negligent driving on December 3. He was driving Mmemezi to a meeting when he crashed into Ferreira, who was on a motorbike, in November 2011.

Ferreira, who was 18 at the time, suffered head injuries and was comatose for weeks. During the trial, the court heard that Semitjie was driving on the left side of the yellow line, had not switched on his siren, and had gone through a red traffic light.


Source : Sapa /kn/th/ar/jje
Date : 29 Sep 2014 12:46
 
NO FURTHER RECOVERY FOR FERREIRA

Thomas Ferreira will not recover any further following the accident in which blue light driver Joseph Motsamai Semitjie knocked him off his motorbike, The Krugersdorp Magistrate's Court heard on Monday.

"There will be no further meaningful recovery," neurologist Dr Desmond Shamley told the court.

"From clinical experience and neurological literature, the brain has a limited period to recover."

Semitjie, the former driver of then Gauteng housing MEC Humphrey Mmemezi, was convicted on December 3 of reckless and negligent driving.

He was driving Mmemezi to a meeting when he crashed into Ferreira in November 2011.

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

During the trial, the court heard that Semitjie was driving on the left side of the yellow line, had not switched on his siren, and had jumped a red traffic light.

Shamley told the court he had seen Ferreira five times since the accident.

He said in his opinion, Ferreira would struggle to find a job or be able to live on his own.

"My opinion is that he will have difficulty in finding employment due to the nature of the head injury. I do not believe he will be able to live on his own. I have been in discussion with his mother to put him in a place of sheltered employment," said Shamley.

Asked if Ferreira would be able to be in a relationship, Shamley said it would be difficult to predict.

"It is a difficult one to answer because he is impulsive and has mood swings. The question is will a girlfriend be able to handle him? He might have a girlfriend but it might not be long-term," said Shamley.


Source : Sapa /kn/jk/jje
Date : 29 Sep 2014 13:05
 
It is a pity that they did not charge Humphrey too - he is just as guilty.
 
FERREIRA WILL NEED LIFE-LONG CARE

The Krugersdorp Magistrate's Court was told of the severe mental changes that Thomas Ferreira would have to live with after being knocked over by a "blue light" driver, during the driver's sentencing proceedings on Thursday.

"I believe he will not be able to function independently or live on his own. He'll need life-long supervision and care," psychiatrist Marthina Boegner told the court.

Joseph Motsamai Semitjie, the former driver of then Gauteng housing MEC Humphrey Mmemezi, was convicted of reckless and negligent driving on December 3.

Boegner said due to his severe head injury, Ferreira had changes in his personality, experienced severe mood swings and aggressive outbursts, had difficulty concentrating, and lacked social decorum.

He was taking several medications and would probably be on medication for the rest of his life, she said.

"He will probably need to see a psychiatrist for the rest of his life to assist his family in stabilising his moods.

"People with head injuries are more inclined to have psychiatric issues," she said.

Boegner said Ferreira's injuries had had a huge effect on his family, who had to care for him permanently. It affected his relationship with his sister, who often bore the brunt of his aggressive outbursts.

"I don't think that time will help. I think his function is now at its maximum. It's been a few years since the injury."

Semitjie sat in the dock during Boegner's testimony wearing a navy tracksuit with a lime green trim.

He was driving Mmemezi to a meeting when he crashed into Ferreira, who was on a motorbike, in November 2011.

Ferreira, who was 18 years old at the time, suffered head injuries and was comatose for weeks. He spent months in rehabilitation.

During the trial, the court heard that Semitjie was driving on the left side of the yellow line, had not switched on his siren, and went through a red traffic light.


Source : Sapa /gf/th/lp/jje
Date : 20 Nov 2014 11:24
 
PRISON TERM FOR BLUE LIGHT DRIVER: STATE

The blue light driver who left Thomas Ferreira brain damaged when he crashed into him should not get away with a slap on the wrist, the Krugersdorp Magistrate's Court heard on Thursday.

"The last thing this country needs is for this accused to have a slap on the wrist," prosecutor Micky Thesna told the Krugersdorp Magistrate's Court during sentencing proceedings for Joseph Motsamai Semitjie.

Thesna argued the rules of the road should apply equally to everyone.

"The court has the unique opportunity to shift its focus to the only real VIP that was on the road that day and it was Thomas Ferreira," she said.

Thesna disagreed with the sentence of correctional supervision and a fine proposed earlier by Semitjie's lawyer, Thomas Mohlobogoane.

"It is my submission that the sentence suggested is wholly inappropriate," Thesna said.

Ferreira's parents sat in the second row of the public gallery. His mother's hands were clenched in her lap and his father occasionally put his arm around her shoulders.

Thesna suggested Semitjie be sent to jail. The culture and attitude on South Africa's roads needed to change, she said.

"The accused very clearly acted recklessly. This accused was employed with the South African Police Services, specifically there to serve and protect his community and what he did was the complete opposite."

Thesna said Semitjie had not shown remorse, and was more worried about the damage to his vehicle than to the harm he had done to a human being.

Earlier, the court heard that Ferreira would have to live with severe mental problems for the rest of his life.

Semitjie was driving then Gauteng housing MEC Humphrey Mmemezi to a meeting when he crashed into Ferreira, who was on a motorbike, in November 2011. During the trial, the court heard that Semitjie was driving on the left side of the yellow line, had not switched on his siren, and went through a red traffic light.

Ferreira, who was 18 at the time, suffered head injuries and was comatose for weeks. He spent months in rehabilitation.

The sentencing is expected to continue on January 28.


Source : Sapa /gf/th/lp
Date : 20 Nov 2014 12:40
 
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