Table Mountain blaze verdict issued - acquit

[xrapidx]

*sigh* Gets away with murder, I watched this fire for almost three days from my flats windows, even recorded some of it on video.

British national Anthony Cooper has been found not guilty of causing the fire on Table Mountain that allegedly caused the death of British tourist, Janet Chesworth.

Cooper appeared in the Cape Town Regional Court, charged with culpable homicide (manslaughter) as well as contravening the National Forestry Act.

Magistrate Wilma van der Merwe said the truth of what happened on January 26, 2006, lay somewhere between the versions of the state's two eye witnesses and Cooper's version.

She said she did not believe Cooper's version, namely that he had smoked in his car and not outside as alleged, and that a chip from the matches he had used had flown out of his car window.

The fact that she did not believe him did not legally mean that his story could not be reasonably possibly true.

For this reason, she had to give Cooper the benefit of a doubt and acquit him on both charges.

 

[semiautomatix]

Unfortunately with the law it is a case of "beyond reasonable doubt" - which could not be proven in this case. However, the fact that the Magistrate clearly indicated she did not believe him will have some serious repurcussions and possibly a civil suit for wrongful death etc, etc. I would still not like to be Mr Cooper.

 

[xrapidx]

Unfortunately with the law it is a case of "beyond reasonable doubt" - which could not be proven in this case. However, the fact that the Magistrate clearly indicated she did not believe him will have some serious repurcussions and possibly a civil suit for wrongful death etc, etc. I would still not like to be Mr Cooper.

Its just so easy for him to leave though...

 

[semiautomatix]

Its just so easy for him to leave though...

I would if I were him.

 

[rwenzori]

Unfortunately with the law it is a case of "beyond reasonable doubt" - which could not be proven in this case. However, the fact that the Magistrate clearly indicated she did not believe him will have some serious repurcussions and possibly a civil suit for wrongful death etc, etc. I would still not like to be Mr Cooper.

By implication the state witnesses were also not completely believed. A civil suit would be a very long shot given the verdict.

 

[hj2k_x]

This is a difficult one really. Imagine if it were you and it really WAS an accident? I don't think you would want the book thrown at you either.

I would have thought some kind of hefty fine would have been in order here to make the public aware and take note, not to throw cigarettes out of their car windows, which seems to be a national pasttime in this country.

 

[hj2k_x]

By implication the state witnesses were also not completely believed. A civil suit would be a very long shot given the verdict.

I would say the same. If he had been found guilty in criminal court then the civil suit would surely have followed shortly. Being acquitted of the crime, means that civil liability will be limited a lot.

 

[xrapidx]

This is a difficult one really. Imagine if it were you and it really WAS an accident? I don't think you would want the book thrown at you either.

I would have thought some kind of hefty fine would have been in order here to make the public aware and take note, not to throw cigarettes out of their car windows, which seems to be a national pasttime in this country.

Statistically, what are the chances of a piece of the match causing the fire, compared to the other story of him tossing the cigarette out the window?

Imagine if it where someone in your family who was the one who died? Personally, take from me, and I will take from you. Harsh, but fair.

 

[medicnick83]

But, now, what if, just think about it, what if, it wasn't him who caused the fire.
I mean, so many people throw cigs out the window, so many tourists etc... maybe it was only him who was SEEN doing it - just... you know, what if.

 

[xrapidx]

The initial story had the car security stating the driver saw the fire starting and sped off....