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Burry Stander YouTube stillThree years in jail for taxi driver who caused the death of Olympic cyclist Burry Stander
The taxi driver who killed South African mountain biker Burry Stander in 2013 has been sentenced to six years' imprisonment, half of which is suspended for five years, reports Times Live.
Minibus taxi driver, Njabulo Nyawose, was convicted of culpable homicide in April after hitting Stander on January 3, 2013. The mountain biker, who finished fifth in the Olympic cross-country race in 2012, was on his way home from a training ride when the incident took place.
The prosecution case was that Nyawose was travelling south on Marine Drive when he crossed the centre line to turn right and hit Stander, who was heading north.
Defending Nyawose, Xolile Ntshulana argued that “perceptions of taxi drivers” should not affect the court’s sentence and requested that Nyawose be given a fine or a suspended sentence. However, Port Shepstone magistrate, Charmaine Barnard, disagreed and said that a message needed to be sent to Nyawose and other drivers.
Barnard said that Nyawose had shown “a wilful disregard for a traffic sign in a congested road and overtook vehicles in front of him.”
“Taking unnecessary chances without considering the consequences, especially to avoid traffic, will not be tolerated. A ‘no overtaking’ line is there for a reason. In this case, the accused’s conduct had the worst possible consequence.”
In removing Nyawose’s licence, she also said that he should have acted with additional caution as he was carrying passengers.
Stander’s mother, Mandie, described the sentence as “realistic” and added: “I was not looking for revenge. Hopefully this sentence will give motorists a wake-up call and make them considerate to others on the road.”
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
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11 comments
The guy was South African. Story might mention where the incident happened. I read half of it thinking it was Marine Drive in Bournemouth or Southampton or something.
I like to read of Judge figures talking about sending messages to drivers. Should've known it wasn't UK!
How does this sentence compare to a shooting your girlfriend dead I wonder?
Both culpable homicide, so in fact both similar sentences.
The conviction is more than what would have happened in the UK. IMO that's because SA doesn't have jury trials. The jury is replaced by 2 assessors, usually judges themselves, and the case is decided on its legal merits. If the assessors can't reach a unanimous decision the judge has the casting vote.
It's a better result than we could hope for in this country.
"Hopefully this sentence will give motorists a wake-up call and make them considerate to others on the road.”
Nope. Not a chance.
Despite the news reports on other drivers being convicted for things like this, it still happens all the time.
The difference between perception and reality, I guess.
What a joke the justice system is. Also utterly stunned that the mother finds 3 years acceptable. I'm not one for jumping on these type of stories but 3 years when he was clearly in the wrong?
double post
Have you any idea what 3 years in a South African prison is like? It is nothing like prison in the UK. Given the drivers financial and social background, he will not be able to "buy" any special treatment or protection either through bribes or legal means - he can expect a living hell for the duration he is in prison. The only people who survive and thrive in a SA prison are members of the gangs who run the prisons (and some of the violent criminal activity outside it as well). It would be a surprise if he doesn't come out a broken man and/or a hardened criminal. Whilst it is fair and just that he serves time, what he is loosing is far more than merely his freedom for the duration he is in. Don't make the mistake of assuming that the punishment is equivalent to the same in the UK (and for that matter, there are times when we'd be grateful if the justice system here in the UK punished drivers for killing cyclists at all).
Much the same as what Malden has to say. Also with the other half suspended for 6 years means that if he steps out of line he will be back in to complete the sentence plus whatever gets tagged on. There's no mention regarding how long his licence has been removed for. Possibly for life which means if caught driving he will be back in the clink more than likely.