PPA appoints legal representation to assist with hit-and-run charge

Following the hit-and-run incident in which cyclist Dr Koos Roux was killed, the Pedal Power Association has appointed Advocate Ross McKernan to assist the prosecution in this matter. The case is appearing in the Kuilsriver court this week.

In May 2013, Roux (59) was enjoying a quiet Sunday morning training ride with his son, Kobus. “We were riding in single file, inside the yellow line, heading towards Stellenbosch on the Bottelary Road,” Kobus said.

 

Without warning, father and son were struck from behind by a white vehicle which then sped away from the scene. Later Koos Roux was declared dead on arrival at the Louis Leipoldt Hospital.

 

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The Police tracked down the accused by means of debris from his damaged car found in the road. Geoffrey Merrick faces charges of culpable homicide and failure to stop at the accident scene. Merrick appeared in court and was released on bail. The case has been postponed on several occasions in the last two years, and the family appealed to the Pedal Power Association for assistance.

 

According to Beth Roux, widow of the late Dr Roux, her husband was a keen cyclist who was passionate about the sport.

 

Beth says that the tragedy has had an enormous impact on the family. “In a split second our lives completely changed. We are still struggling to come to terms with what happened and the fact that the trial has not been concluded is a constant reminder of that horrific day,” explains Beth. “I really feel that more should be done to ensure the safety of cyclists on our roads,” the widow says.

 

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The number of road users increase year on year. Since 2013, accidents involving motor vehicles and cyclists have increased by over 80% and statistics show that 40% of all road fatalities are vulnerable road users, including cyclists.

 

Statistics show that almost all cycling fatalities on South African roads are caused by cyclists being hit by a motor vehicle from behind, or when a vehicle underestimates the speed of a cyclist and turns in front of the cyclist. Cyclists have virtually no protection when they are involved in an accident, so by giving them adequate space on the roads, motorists can avoid accidents that can cost precious lives.

 

“There are thousands of cycling commuters using our roads as a means of getting to work every day. The road is for everyone’s use, so let’s show tolerance and respect for one another,” said PPA Chairman Steve Hayward.

 

“The PPA has made significant progress in promoting safe cycling, but every death or incident reminds us it’s still not enough. Please support our ‘Stay Wider of the Rider’ campaign and let’s raise awareness to keep cyclists safe on our roads,” Hayward added.

 

Visit the PPA website www.pedalpower.org.za for more information or contact liz@pedalpower.org.za






24 Comments

DJR, Dec 08 2015 08:51

:thumbup:

Bloukrans, Dec 08 2015 09:32

[26] And, in relation to cyclists, the learned author has the following to say 4:

A driver is expected to keep a proper lookout for cyclists. It is difficult to ride a bicycle in such a manner that it remains precisely and securely on a fixed course. There is always a degree of sideways movement - first to the one side and then to the other. If the cyclist is a young child and in addition there is a strong wind blowing, the possibility that a bicycle may deviate considerable more than normally from its course is greater. For the aforementioned reasons a driver in such a case is expected to give a cyclist timeous warning of his/her approach and in his/her judgment will, in addition, also leave sufficient space between him/her and the bicycle in order to be able to overtake with reasonable safety. ”

 

While the Plaintiff is obviously not a young child, he is a slightly built person of about 1,6m in height and weighing only 55 kilogram. He certainly would have been pushed around by the following wind and would have been less stable on his bicycle than a taller and heavier person.

 

[27] In Henry v SANTAM Ins Co Ltd 5 Watermeyer J noted that:

The legal principles are dear that a motorist overtaking a two­ wheeled vehicle, such as a cycle or a scooter, must allow a sufficient clearance between the two vehicles making due allowance for some lateral movement on the part of the rider of the two-wheeled vehicle, and this would be especially so where the road surface is rough, as it was at the place of the collision. ”

Well done PPA!

 

The prosecutor, with their case load, will need all the assistance from counsel.

 

 

Pure Savage, Dec 08 2015 09:39

Well done PPA!!

raptor-22, Dec 08 2015 09:44

Brilliant. We need more of this. Glad to see the slush fund being used as partially intended

dirt-rider, Dec 08 2015 09:54

And so again I need to ask what happened to CSA , imagine that their attempted take-over a few years ago did happen ?? Well done PPA , going the extra mile for your members and cyclists .

Captain Fatbastard Mayhem, Dec 08 2015 10:03

Brilliant. We need more of this. Glad to see the slush fund being used as partially intended

An excellent indication as to the importance of actually HAVING a slush fund like they do... 

 

Suddenly the investment strategy doesn't seem "foolhardy", eh...

 

;)

T-Bob, Dec 08 2015 10:13

An excellent indication as to the importance of actually HAVING a slush fund like they do... 

 

Suddenly the investment strategy doesn't seem "foolhardy", eh...

 

;)

 

Especially when you know what an advocate makes an hour... that's a lot or Argus entries just to get one hour down the line on this. 

'Dale, Dec 08 2015 10:14

Yes!

Sparki 1, Dec 08 2015 12:37

I'm so excited hearing this great news. Thank you PPA.

mazambaan, Dec 08 2015 01:27

Great stuff.  :clap:

Velouria, Dec 08 2015 01:49

Ping iCycling - this is where I expect my PPA membership money to go, instead of puffing the egos of some amateur weekend warrior race snakes in the form of prize money.

Odinson, Dec 08 2015 01:52

Great initiative by PPA.

Captain Fatbastard Mayhem, Dec 08 2015 01:54

Ping iCycling - this is where I expect my PPA membership money to go, instead of puffing the egos of some amateur weekend warrior race snakes in the form of prize money.

^^This. 

walkerr, Dec 09 2015 06:43

More ground level support of cycling like this and I might actually re-join the PPA - nicely done

DJR, Dec 09 2015 07:29

More ground level support of cycling like this and I might actually re-join the PPA - nicely done

And more massive billboards everywhere with the "Stay wider of the rider" message. I saw one on the road between Oudtshoorn and the Cango Caves recently. Why not in Kalk Bay, Cape Point, Camps Bay and everywhere else? 

Rapunzel, Dec 10 2015 10:07

best spending of PPA money ever! Well done PPA peeps!!!

Omar, Dec 10 2015 12:40

at last they are thinking with their heads - this will be money well spent albeit 2 years late. the PPA should drop their awareness 'stay wider of the rider' campaign because thats all it is - awareness. its not going to stop cyclists being run over by drunken/irresponsible/texting motorists as can be seen by the number of deaths since the campaign started. they must rather put this money to better use by employing an advocate straight away after death of a cyclist to assist the state in prosecuting to the fullest extent of the law THEN MAYBE THE MESSAGE WILL START GETTING INTO THE HEADS OF MOTORISTS THAT WE ARE NOT FAIR GAME.

Icycling, Dec 10 2015 01:36

Ping iCycling - this is where I expect my PPA membership money to go, instead of puffing the egos of some amateur weekend warrior race snakes in the form of prize money.

I have stated that probably half the fund received from the cycle tour should be going to road safety - I regard this as part of road safety.

What is very surpassing to me is that PPA feels the need now to do a press release every time they spend money on what we the members want them to spend money on - doing the job they their for.

They did the same about a month ago when they put R10 000.00 for a National track cycling event in Cape Town. They did the press release had banner / feather flag at the event and wanted so much marketing for R10 000.00.

Since the AGM it seems like PPA may have woken up a little bit and now are spending money on cycling. But now they feel the need to advertise every time they do what they have been entrusted by the members to do.

P.S. For that track cycling event I made a sizable donation from my own pocket without doing press release, banner father flags etc - it was just a donation. Could I try to derive direct benefit from it - well yes I am a wholesaler in the cycle industry, probably YES. But seeing cycling been successful is far more important.

raptor-22, Dec 10 2015 01:55

Oh shut up

Patchelicious, Dec 10 2015 01:57

Oh shut up

Thats not nice.

Tubehunter, Dec 10 2015 02:18

Oh shut up

 

Off sides and playing the man! Red card! Hit the showers!

 

(When will the forum have a policy of 'carding' and ejecting some members from topics, rather than have the topic get locked and\or deleted? Could be a useful alternative to letting some exchanges get to the point where people get suspended\banned?)

nathrix ® ©™, Dec 10 2015 02:19

Any mughots of this "Geoffrey Merrick" so that we can see how a despicable human being looks like?

Skubarra, Dec 10 2015 02:28

Any mughots of this "Geoffrey Merrick" so that we can see how a despicable human being looks like?

 

Try google - apparently he shares a name with a "famous" fetish thriller author  :eek:

_C50_, Dec 10 2015 03:26

Off sides and playing the man! Red card! Hit the showers!

 

(When will the forum have a policy of 'carding' and ejecting some members from topics, rather than have the topic get locked and\or deleted? Could be a useful alternative to letting some exchanges get to the point where people get suspended\banned?)

 

And he still doesn't have much else to say after getting pwned here: https://www.bikehub....15-09-30/page-6

 

:thumbdown: