Carmaker 'obstructs' Kuga fire probe

Constable Thembekile Matwa made the claim in an affidavit handed to the Cape Town High Court yesterday.

The affidavit was sworn in response to Ford's urgent High Court application for an order giving it access to evidence in the inquest docket on 33-year-old Jimmy's death.

In its affidavit, Ford said the police and Jimmy family had deliberately thwarted it in its investigation into the cause of the fire.

The evidence the company wants to see includes video footage of Jimmy's burning car.

Jimmy was burnt to death in December 2015 while on holiday in the Wilderness, in Western Cape, when his 2014 1.6-litre Kuga caught alight.

In his affidavit Matwa says that, despite Ford representatives signing agreements to share information - including forensic reports, wiring schematic diagrams, vehicle service history job cards and registered complaints from Jimmy to Ford about his vehicle - the company had refused to do so.

He said throughout his investigation he had found Ford's "conduct obstructionist".

He said that when Ford's fire inspector, Anthony Young, inspected Jimmy's car on 20 January last year, he had pointed to two wires under the dashboard on the passenger side of the vehicle and said there had been "arcing" between them.

He said police fire investigators and Jimmy's car insurance company had agreed with Young.

"When I requested Young's report from Ford I was told that he had not provided it. I contacted Young and asked him about his report. He said he had given [Ford] the report on 17 February 2016."

He said when he phoned Ford again he was told that the company was now "perusing it".

Matwa said that soon afterwards a senior Ford employee asked him for his commander's number.

"My commander then told me that Ford wanted a third inspection of the car. I told my commander that if they gave me their report it will place me in a position to consult all role-players."

He said the only report he got was a preliminary one and a letter requesting another inspection of Jimmy's car.

"I have received the police and insurance forensic reports but up to this day I have not received the photographs and report by Young. The investigation is complete in all respects, except for the absence of the reports of Young.

"I have also not received the report from the third inspection done by Ford on 5 December 2016."

Matwa, who said Ford did not ask him for the inquest docket until November, said the company was wrong in laying the blame at the door of the police for not giving information to the company.

"All along I took the view that Ford must provide the outstanding reports to place the police in a position to obtain all the information and present the docket to the prosecuting authorities to proceed with an inquest.

"I made formal requests for these reports but received no responses to these requests ... notwithstanding that Young signed an undertaking of collaboration.

"It is in the public interest that Ford submit the information, especially the information concerning the schematics of the burnt vehicle and Young's report."

Since Jimmy's death, 51 other Kugas have caught alight across South Africa. Two others have caught fire in Botswana and Swaziland.

Jimmy is the only motorist to have died in the fires.

Ford claims all the fires other than that which killed Jimmy were caused by the vehicles' faulty coolant systems.

The global carmaker claims Jimmy's fire started at the back of his vehicle, but it has been unable to explain the blaze. Jimmy's family, the police and private forensic and insurance fire investigators believe the fire was caused by an electrical fault behind the dashboard on the passenger side of his vehicle.