Inquiry into Kuga deceased: Adv. Gerrie Nel in court against Ford (Day 3)

On 20 March 2019 witness testimony continued in the Western Cape High Court in the inquest into the death of Reshall Jimmy. Adv. Gerrie Nel, Head of AfriForum’s Private Prosecution Unit, appeared on behalf of the Jimmy family. Jimmy died in December 2015 when the Ford Kuga he was driving caught fire. The Ford Motor Company is also a party to the proceedings. This inquest will determine whether Jimmy’s death was brought on by any act or omission involving or amounting to an offence on the part of Ford.

Lt. Col. Richard Tonkin from the Serious and Violent Crimes Unit, who was present at the scene, continued his testimony from the day before. A noteworthy claim in his testimony on 20 March was that Ford representatives undermined the investigation of one of his leading detectives.

Tonkin was asked for his opinion regarding the pertinent question about why Jimmy did not exit his vehicle when the fire started. He stated that, in his opinion, a myriad of factors could have debilitated, disoriented or hindered the deceased. Such factors include for example the burning of material parts of the vehicle, such as plastic, where toxic fumes are released. The vehicle’s locking and/or anti-hijacking features could also have played a role. Tonkin added that the incredible heat from the fire – which reached temperatures that could melt copper – should also be considered when trying to answer this question.

The inquest is set to continue on Monday 25 March 2019.

This case is an important further step in AfriForum’s strategy for establishing the principle of private prosecution as well as ensuring that justice prevails.