Grieving family turns to private prosecution unit after George case stalls

The family of Danielle van Jaarsveld, who died in a car crash 19 months ago, is fighting to get her case re-enrolled and have turned to AfriForum’s private prosecution unit for help.

The accused, Gareth Webster, was allegedly speeding when his Audi and Van Jaarsveld’s Kia collided on November 6, 2022

The unit represents Van Jaarsveld’s sister, Desiree Keating, and has written to the NPA to raise several concerns about George police’s investigation.

Webster’s lawyer, Eckert Brand, however, denies AfriForum’s concerns about the investigation and says his client was willing to plead guilty to manslaughter in terms of a plea bargain, but that the family found this unacceptable.

Brand said the video footage has always been part of the docket, and that it ‘only proves that there was a crash, something that is not denied’.

The crash took place on Swartvlei Beach Road, near the Sedge Links Golf Course in Sedgefield, where Webster was attending a golf day.

Surveillance footage in George Herald‘s possession shows how the force of the impact launched the Kia backwards in the direction it was coming from before rolling several times onto the side of the road. Webster and his passenger escaped without serious injuries.

Van Jaarsveld died on the way to the hospital. Her passenger, her sister-in-law Monique van Zyl, suffered serious injuries.

Webster made his first court appearance on a charge of culpable homicide in 2023. After several postponements, the state provisionally withdrew the case on March 13 because of an outstanding forensic report.

Van Jaarsveld’s family was also told that eyewitness statements as well as the video footage of the crash were not included in the docket.

Private Prosecution Unit spokesperson Barry Bateman said there is ample evidence to prosecute Webster.

“The police’s inability to complete an accident report, followed by the withdrawal of the culpable homicide case against Webster, is yet another example of the state’s lack of appreciation of the seriousness of the offence and the implications these delays have for Danielle’s family.”

Keating said ‘the complete failure’ by the police to properly investigate the incident, together with the ongoing delays, compelled them to turn to the unit for help.

“We are deeply troubled by their apparent bias and leniency shown towards the accused. Our family seeks nothing less than justice for Danielle. We know that there are eyewitnesses, video footage, as well as the vehicles to indicate Webster’s wrongdoing. We have repeatedly voiced our concerns about the investigation’s various shortcomings, especially regarding the forensic reports.”

When asked, Brand said the accused in the incident is on record about his regret over the accident and the damage his negligence caused to the deceased and her loved ones.

According to Brand, the accused tried to reach out to the family, but they are not receptive to it.

He said his client offered to plead guilty to a charge of culpable homicide in relation to a plea agreement, but the offer was not accepted.

VIDEO – NOT FOR SENSITIVE VIEWERS: Fatal crash footage released by AfriForum

Police and NPA respond

Southern Cape police spokesperson Sergeant Chris Spies said the matter is a subject of an ongoing police probe. “It is at an advanced stage and the docket will be sent to the NPA upon receipt of outstanding reports,” he said.

NPA spokesperson Eric Ntabazalila confirmed the state provisionally withdrew the case as the court granted them a final remand for an outstanding forensic report. “As we were granted a final remand for this report and it was not available then, the prosecutor decided to withdraw the matter provisionally.

“She communicated her decision to the family that rather than to proceed without the report, the accused will be summoned to court as soon as it is available. Webster will definitely be prosecuted and the matter will be re-enrolled.

“The outcome of this report will only determine the charges and if the matter will be prosecuted in the district or the regional court,” he said.