Gerrie ‘Bulldog’ Nel tackles Ford
OUT TO DEAL WITH ‘CORPORATE BULLIES’ Bid for justice for Jimmy, who burnt to death in Kuga.
Advocate Gerrie Nel said yesterday he would be supporting the family of Reshall Jimmy, who burnt to death in his Ford Kuga almost three years ago.
This will form part of a larger strategy in building a private prosecutions unit for AfriForum that will, among other things, defend citizens against corporate bullies, Nel said.
Around and after Jimmy’s death, a large number of Kuga models seemingly spontaneously caught fire. Similar events occurred in other countries where the Kuga was sold.
Carmaker Ford in January 2017 announced a phased recall to make certain modifications to the vehicles to prevent further fires.
The National Consumer Commission has been investigating the matter but has n0t given any public feedback on this.
At the briefing yesterday, Wynand and Carla Ambrosius related how their Kuga caught fire in June while parked in their garage, despite having gone through the recall process. The couple lost their Kuga, another vehicle and a large portion of their house. According to Nel, the criminal justice system had failed the Jimmy family.
Known as the “Bulldog” for his tenacity in court, Nel said the National Prosecuting Authority (NPA) refused to prosecute Ford and would not give the family a nolle prosequi certificate – a prerequisite for a private prosecution – as they were awaiting the results of an inquest.
AfriForum helped the family in the process that led to the announcement that the inquest will be held in the High Court in Cape Town on February 4, 2019.
Nel will also represent the Jimmy family in the pre-trial conference this week.
Nel said it was unacceptable “international corporate bullies like Ford regard themselves as above the law. We were astonished that Ford ceased all communication with the victims and, during discussions with the family, made statements like ‘we have deep pockets’.”
Nel asked why Ford had failed to provide the family and the authorities with two reports from different experts who investigated the fire that killed Jimmy.
“We believe that this information will support the family’s version of the events surrounding the fire, among others, that the fire was caused by a mechanical fault,” he said.
Nel explained that the Ambrosius couple was treated in the same way as the Jimmys.
Asked to comment, Ford product communication manager Minesh Bhagaloo said: “Our deepest sympathies continue to be with the Jimmy family.
“We remain cooperative with the authorities to help all parties reach a resolution, including the start of a formal inquest to gain closure on the many unanswered questions surrounding this case.”