Driver in Boksburg truck explosion may still face charges

The driver involved in the Boksburg truck explosion which left 27 people dead, can still be charged at a later stage.

This is according to police expert Dr. Johan Burger who was responding to the release of the 32-year-old.

The driver was released on Wednesday due to lack of evidence, and police said that further investigations were needed into the matter.

ALSO READ: Boksburg explosion driver released – Further investigation needed before he is charged

Further investigations could yield prosecutions

“It is important to remember that the driver can be charged at a later stage once the investigation is concluded and people must also keep in mind that he was arrested largely on the basis that he was the driver and there was substantial public pressure for his arrest,” Burger explained.

“However, for criminal charges, the justice process requires evidence that will prove the guilt of an accused person ‘beyond reasonable doubt and it seems the driver was arrested before the police were able to provide the National Prosecuting Authority (NPA) with the required evidence that would enable them to determine whether the driver should be prosecuted and on what charges.”

Burger said it is also possible that the evidence could also lead to criminal charges against other persons.

“I’m certain the NPA has provided the police with guidelines as to what they require in order for them to decide whether to prosecute the driver, and perhaps others as well and on what charges,” said Burger.

ALSO READ: Boksburg explosion death toll rises to 27

Error of judgement

A legal expert Adv. Francois Botes is of the opinion that the incident in question should never have happened in the first place as the driver was supposed to have been on the lookout.

“The driver respectfully made an error of judgment,” said Botes.

Commenting on the release from custody of the driver, Botes said this does not mean the end of the investigation, stressing that the investigations are still in the initial phase.

With the police investigations ongoing, Botes believes the dossier should be handed over to the NPA early in the new year.

Botes added the owner of the truck could also face large damages claim.

Meanwhile the death toll of the gas tanker explosion on Christmas Eve on Thursday morning rose to 27 on Thursday afternoon.

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