Drunk Driving is a huge problem on our roads and when it comes to prosecution and fighting for justice, you only realize how corrupt our law system are...
Some People are confused about what my mission is, so here is a brief pointer to our experience with the MURDER of our child by Bradley Gysman who STILL roams free after 3 years and 3 months.
Without proper Prosecution
and Sentencing that deter drunk drivers through consequence there will never be change - so why are less than 15% ever convicted?
Without proper Policing to gather evidence and ensure Blood is drawn there will be no change. Having said that, it is my experience that Senior Officers and the NPA refuses to acknowledge Gross incompetence and even
Corruption by SAPS members.
The Court Officials were sadly no better, even though many witness statements were never taken by SAPS Investigator Sergeant Jacobs of the Kraaifontein SAPS, The prosecutor Adv v/d Walt at Blue Downs Court made very little effort to present evidence to the court.
Regardless of the few statements that were taken, there were still statements from the passenger in the vehicle, (but he was never called to testify) even though his statement gives rather clear evidence.
There were statements of the first person at the scene who claims to have been threatened by the driver when she tried to call the police and ambulance. Yet she was never on the stand.
There is the driver (3rd person) that drove the vehicle away from the scene after they had picked up my grossly injured child and put her on the back seat, destroying any chance she might have had to survive the crash.
The State Prosecutor never even called the pathologist to give evidence from the post mortem regarding Nadia's injuries and never even objected when the Defense Adv disregarded the severity of her injuries.
He claims that her neck was not broken, the State does not object and the Judge (van der Spuy) agrees with him in total disregard to the Post Mortem which reflects on TWO instances that her neck was broken.
The State Prosecutor makes NO EFFORT what so ever to establish the time of the event and allows it to be FALSELY reflected that the crash occurred at 17:30 placing the time blood was drawn outside of the two hour limit.
It is in clear deviance of truth because Nadia had only left the house where she was at 17:35. It is also in clear defiance of the fact that they only dropped Nadia at the Local Day Hospital at 17h50 - it therefor took them 20 minute to travel the 1.7 km to the Day Hospital...
All complaints to the NPA about the gross incompetence and corruption are ignored regardless of evidence presented to them and then the SAPS Road Crash Unit Investigator compiles a report which is so GROSSLY INCOMPETENT that that I can only few it as an effort to mislead the court as to factual events... which is a CRIME.
We have a Private Road Crash Report done at great expense (which we must still pay) it is given to the Blue Downs Court Official and the State Prosecutor in October 2016 and they try to get me to withdraw it is evidence, which I refuse.
Then the State Prosecutor claims (in Court proceedings) that they only received the report in September 2017, even though I have an e-mail stating that they will have a meeting to discuss the VAST differences between the 15 page SAPS report and the 70 page Private Expert report - a meeting which never took place?
The NPA sends me a letter that they had a meeting with the Senior State Prosecutor which claims that they are satisfied with the proceedings...
I am so taken back by this claim that I have a meeting with the Senior State Prosecutor who says "I have not even read the file" So WHO has been advising the NPA?
The WCDPP Adv Rodney de Kock gave me assurance in writing that blood was drawn within two hours (which we know is true) but the prosecutor never presented ANY evidence as to what time my child was killed and the accused is acquitted on charges of driving while under the influence even though the blood alcohol report shows he was more than 3 times over the legal limit.
The State Prosecutor ONLY called my daughters young little friend to give evidence. She was only 10 years old at the time of witnessing her best friend being killed - How dare the State force a young little child to relive such horror on the Stand, but never calls any of the grown-ups? It is sickening!
The Court ALSO throws out the Private Road Crash report because Johan Joubert calls himself an expert too many times to the judges liking... and other reason which clearly shows (to my opinion) that the Judge van der Spuy is biased - and it is made clear when he agrees with the defense Advocate that - and I quote - "He (referring to Johan Joubert ) further makes a huge mistake by suggesting the deceased neck was broken. The Post Mortem report does not does not confirm that saying by the witness."
Well Judge van der Spuy - The POST MORTEM I have of my childs' injuries DOES IN FACT claim her neck to be broken on 2 incidences.
Page 1 paragraph 4(c) and again on page 5 paragraph 27 heading: SPINE... Perhaps you should not make judgement on medical conditions to favour the Defense while criticising an Expert Road Crash Investigator with 26 years experience. FYI a fracture of the cervical spine between C6 and C7 with underlying spinal cord injury is COMMONLY CALLED A BROKEN NECK...
So why the (biased) agreement with the defense when the FACTS are before the Judge, is he rejecting the findings of a medical practitioner too?
The accused and his cronies where never even charged for removing her brutalized body from the scene and sealing her fate - why is that? Is the "criminal Justice System" condoning such gross actions by drunk drivers?
Or merely protecting them from prosecution while they are allowed to do whatever they like to their victims? WCDPP seems to think they were doing her a favour when he states: "It is common cause that your daughter was rushed to hospital in the car of the accused" Really Mr de Kock - The Killer threatens witness wanting to call the Police and Ambulance, they load a grossly injured child (still breathing) and drop her at the local Day Hospital which is 1.7km from the scene TWENTY MINUTES LATER - DEAD - and you call it "Common Cause"? What insane message are you sending to drunk drivers?
The post mortem also makes it VERY clear that my child was struck on the LEFT side of her body which collaborates the Private expert report that she had crossed the road from the drivers right and not the left as claimed by the accused and his SAPS buddies.
Medical, Mathematical and Scientific FACTS don't lie and THAT is the PRECISE reason why we had an EXPERT report drawn up. WE WANT THE TRUTH!!
The Judge also says: "Nobody can give this court an indication where the deceased was when she was hit by this car..." Really? It is commonly called TRAJECTORY SCIENCE Mr van der Spuy and it is (narrowly) contained in the Expert Report which he spent time explaining... and FYI she was not struck by a car, cars don't strike anybody...
She was in fact run down by the DRIVER of the car.
EVERY road crash has INDISPUTABLE evidence - it is not the function of an EXPERT CRASH INVESTIGATOR to agree with "witnesses" or the accused. As a person generally witnesses such events in milli-seconds... their minds put the picture together and fill in the blanks which is not always a correct reflection of what transpired.
A TRUE EXPERT uses ALL Mathematical, Medical, Mechanical (damage to vehicle) and Scientific FACTS to reconstruct a crash scene. When he's findings do not agree with the accused or witness's version of events, he is not being BIASED he is merely presenting FACTS to the court.
FACTS which you seemingly chose to ignore as with the Post Mortem report, facts which could be collaborated by witnesses whose statements are in the docket yet the State did not call to testify. You and the entire Justice "fraternity" including the Minister of Justice and the New NDPP, Shamiela Batohi should be asking yourselve's: WHY were all the facts not presented?
The question that begs to be asked: Is the Criminal Justice System protecting Society or is it protecting criminals?
As a father and Citizen in this great country I am grossly disgusted by the SAPS Investigation, I am shocked by the NPA refusal to answer glaring irregularities, I have an utter sense of complete devastation that the State Prosecutor Adv v/d Walt made no effort to give us as family the TRUTH in what was done to our child.
Do you think we sat in court seeing the killer of our child because we enjoyed it? WE SAT THERE TO HEAR THE TRUTH and heard lie upon lie in a gross cover-up of facts.
The result: Devastating Secondary Victimization - we can have NO FAITH in the courts. I will expose it until the voice of my brutalized child is acknowledged, I will not be silenced by intimidation or gross ignorance. People have a right to know! What has been done to our family must NEVER EVER be repeated to ANY other child or family - It is Criminal in it's own right and this country has enough gross history of "courts" violating families and denying them justice for their murdered children!
Right now Bradley Gysman walks free, given bail to appeal a slap on the wrist sentence orchestrated for him by the States gross lack of presenting evidence of CLEAR murder to the court.
The NPA's Advocate Anthony Stevens whom we have only managed to approach via telecom advised: "The petition to appeal will only take place some time next year when a Judge is available"
It's not good enough and from my 3 year ordeal with the NPA, The Prosecutor and Mr Marquard at Blue Downs court I can have ZERO FAITH in the Authorities. I will proceed to lay criminal charges of Defeating the Administration of Justice against those whom have made themselves guilty thereof. And Perjury against others.
BUT - I am just a Dad, a Father that REFUSES to accept that my child Brutal Death be swept under the carpets by Gross Incompetence and Corruption. The authorities have ignored me and will continue to do so UNLESS I have YOUR support - THEY ONLY BEND TO PUBLIC PRESSURE FOR ANSWERS.
Support us by purchasing a bumper sticker... It's only R25.00 (postage Included) Every cent will go towards covering the costs we have incurred with the Private Expert Report and to cover the costs of appointing an Advocate. This fight has ruined us in many ways, but I refuse to give in. I will not be BULLIED or IGNORED!
My little girl is worth it, but she has died at the hands of a Reckless Drunk Driver, nothing can change that. My fight is for YOU because NO FAMILY should EVER endure what we have been forced to endure.
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