Update
GEORGE NEWS - The inquest into the death of Reshall Jimmy (33), the Johannesburg man who burnt to death in his Ford Kuga while on holiday in Wilderness in December 2015, started in the Western Cape High Court in Cape Town on Monday 18 March, the same day that Jimmy would've turned 37.
According to Jimmy's sister, Renisha Jimmy, the family is relieved that proceedings are finally underway.
"I am extremely grateful that the matter is finally proceeding after three years of pain and torture that Ford has put my family through. Finally there is an avenue in which to show the public how Ford has tried to suppress relevant evidence relating to my brother being robbed of his life. It's clear that they are creating countless outlandish alternate theories as to how his death occurred. I believe it was not coincidence that the matter started on Reshall's birthday. It's a sign justice will prevail," she told the George Herald before going into court on Tuesday morning.
The family is represented by the well-known Advocate Gerrie Nel, head of AfriForum's private prosecution unit.
Possible flammable items in car
Advocate André Bezuidenhout, for Ford, denied that the company was responsible for Jimmy's death and said that there was no credible evidence that Jimmy's death can be laid at Ford's door. He raised the question whether some of the items retrieved from the vehicle might have been responsible for the fire, since some were flammable.
Presiding officer, Judge Robert Henney, reiterated that the point of the inquest was not to find anybody guilty, but to examine the evidence and decide whether there was any prima facie evidence to support a case of murder or culpable homicide.
The head of AfriForum's private prosecution unit, Adv Gerrie Nel, known as The Bulldog for his doggedness in court, appeared in the Western Cape High Court on behalf of the Jimmy family.
George detective in the stand
George detective Constable Thembekile Matwa was first in the stand to be questioned by Bezuidenhout on Monday and taken to task for not taking witness statements on the night that Jimmy died.
"The night Jimmy died was over the Christmas period, and the people on scene were drunk, gossiping and telling different stories. Not one witness had said how the car caught fire," Matwa said. He had decided to get statements the following day from the people who had stopped to help. He also said that they recovered a burnt laptop from the car and cyber specialists were hoping to get information off the hard drive. According to him witness statements about people in a vehicle at the scene ranged from being one, two, four or five people in a maroon car or bakkie.
Renisha Jimmy and Marc Schwartz attending court proceedings with Ronel and Filip Anderson. Photos: Jhua-Nine Wyrley-Birch, AfriForum
Afriforum in court
According to Andrew Leask, investigator at AfriForum's private prosecution unit, who is attending court proceedings, the court heard that all the rumours by Ford that Jimmy had been gambling, was involved in an altercation and even possibly shot, was nothing but unsubstantiated rumours. "We believe Ford to be kicking up a lot of dust which is absent of dealing with the real issue and that is their product, the Kuga," Leask said.
Expert reports
On Tuesday Ford refused to disclose their initial expert report, written by Anthony Young, and chose to file a contradictory report by another expert appointed by them.
Matwa testified that Young agreed with the police's forensic expert and insurance expert that the fire had started in the dashboard of the vehicle on the passenger side. According to Leask, this report is the one Ford refused to release.
The second report states that the fire started in the rear of the vehicle.
Court adjourned on Tuesday afternoon. Lt-Col Richard Tonkin, who was involved in the initial investigation, was scheduled to take the stand yesterday morning.
Read previous articles:
- Bulldog to battle Ford in March
- 'My brother was not shot'
- Ford Kuga fires: Experts to test materials
- Police awaiting expert reports
- Ford Kuga Fires: 'This is not a proper recall'
- Family blames Ford for brother's death
- Update: Man dies in burning car
- Man dies in mystery car blaze in Wilderness
- Man brand dood in motor
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