The Freedom Front Plus requested the Director of Public Prosecutions' Pretoria-office that the taxi driver who is responsible for the death of Bernadine Kruger's death should be charged with murder instead of culpable homicide.
According to Dr. Conrad Beyers, FF Plus councillor in the Tshwane metro, the FF Plus obtained legal advice that the taxi driver may be guilty of murder according to the legal principle of dolus eventualis.
According to this principle, a transgressor who could envisage and reconcile him with the fact that his actions may lead to someone's death, but continues with those actions, may be guilty of murder.
"All information points to the fact that Bernadine's death was not simply due to reckless driving, but that there was an element of intent to hit her motorcycle in order to force her out of the way of the taxi. Therefore this is murder and not culpable homicide", Beyers said.
The FF Plus also said that an investigation should be launched into why the taxi driver was not arrested by police at the scene of the incident. "It is unacceptable that taxi drivers always get the benefit of the doubt when they transgress the law. That is one of the reasons for taxi drivers` reckless and callous attitude towards the law and their fellow road users. They simply act as if the law is not applicable to them."
Statement issued by the Freedom Front Plus, February 25 2009