Inquest into death in Ford Kuga under way
THE inquest into the death of Reshall Jimmy, who burnt to death in his Ford Kuga on December 4, 2015, when the vehicle inexplicably caught alight, has started at the Western Cape High Court.
Two years later, Jeff Nemeth, chief executive of Ford SA, told the family during a meeting that new evidence suggested Jimmy had committed suicide or was murdered.
Nemeth said a police officer who was at the scene claimed he saw a bullet hole in Jimmy’s skull.
The Jimmy family have rejected these allegations.
AfriForum advocate Gerrie Nel is representing Jimmy’s family in the matter.
Nel said the National Prosecuting Authority had decided not to prosecute Ford and refused the family a nolle
prosequi certificate because they were awaiting the outcome of the investigation. Nolle prosequi is a legal term meaning “be unwilling to pursue”.
Yesterday, the State advocate and Ford’s legal representative made opening remarks to Judge Robert Henney.
State prosecutor Anthony Stephen told the court that the judicial inquiry was not a criminal trial.
“This is an inquiry into the death of a single person. I am sure we have all heard reports of other people who had issues with Kugas, but those are irrelevant.
“We are here to determine the cause of death of one person,” he said.
Stephen added that an outcome of murder, dolus eventualis, or of culpable homicide, was possible.
He said a conclusion of the inquest could result in a prima facie case – that there was sufficient evidence to proceed to trial or judgment. If that was the case, the matter would go to the National Director of Public Prosecutions (NDPP).
On the other hand, he said the court could find that there was no
prima facie case.
In that case, there would be no reason for the NDPP to re-examine the matter.
The court heard that witnesses, photographs and video evidence would be submitted, as well as a post-mortem report and the views of technical experts who were expected to testify on what caused the fire.
Ford Motor Company’s advocate, Andre Bezuidenhout, said it was common cause that the engine compartment of Jimmy’s Kuga was unharmed by the fire.
He also denied allegations that the vehicle’s body control module (BCM) was destroyed.
“The BCM was handed to the police, and that becomes an important feature.
“The family’s expert claims it was the source of the vehicle burning and it was destroyed. That is not the case.
“There are remains of it, and wiring,” Bezuidenhout added.
The inquest continues today.