After he became viral last Christmas for running down a girl during their Christmas Day family walk, a cyclist is now being sued by her father for posting the clip online.
Neia Mpasa (five-year-old) captured the footage on December 25, 2019, as their family walked through Baraque Michel’s nature reserve in Liege Province.
The cyclist was taken to court in Verviers, only to be given a suspended sentence on the grounds that he had been criticised enough on social media and was ordered to pay the girl’s family a symbolic and pitiful €1 in compensation.
The unnamed 62 year-old cyclist is now taking Mpasa before the court, according to HBVL yesterday.
As she walks along a Baraque Michel park, Belgium on Christmas Day, the five-year old girl is pushed to the ground and thrown by a cyclist
As the bicycle approaches, the girl walks alongside her mother along the snow-covered path.
While riding along the girl’s side, he seems to reach out and touch her knee, knocking the little girl down, before moving on unfazed.
Family believed that it wasn’t an accident as the man didn’t stop to make sure the girl was OK and continued cycling. However, the court ruled in favor of the cyclist because he was receiving enough negative comments on social media.
Now almost one year has passed since the accident, the cyclist is returning to court in an attempt to sue the father of the girl for defamation. that the backlash the video received resulted in him feeling so threatened by the public he was scared to leave his own house.
Mpasa’s lawyer, Jacques Englebert said, in response to the suit for defamation: ‘We have right to speak our minds. Mpasa has the right to upload or post a video online. We must determine if we have violated the freedom to express our opinions.
They are scheduled to meet on November 18th, and trial will take place during the first half 2022.
The video was posted online in January 2013. It shows the cyclist coming out of a curve on the snowy road, before turning into the young girl, and sent her toppling in the snow.
Patrick Mpasa (furious father) had been filming his children and wife. Later, he shared the video online asking for opinions on whether he should complain to the police.
Mpasa stated that he chased down the man but was unsuccessful in getting him to stop, while the cyclist continued his pursuit.
Mpasa stated that although he had explained what occurred and requested we withdraw the police report, he didn’t show any remorse nor apologize.
He said that he should have struck me, although many people disagree. I also didn’t believe I did so in front my children which could have been even worse. Also, I don’t support a witch-hunt. I want my son to apologize.
As the girl falls to the ground, the cyclist rides on his bicycle.
After negotiating a curve in the snowy road, the cyclist sped past the girl before colliding with her and sending her tumbling into the snow.
Soon, the family will be here Police were notified and the cyclist as well as any witnesses were asked for their cooperation.
The cyclist stated that the cycling accident occurred because he was trying to balance.
His explanation was that his rear wheel felt like it was sliding when I rode close to her. In order to avoid falling, I balanced my body with one movement of my knee. The girl was a little confused by my actions, and I didn’t realise it until I fell.
The prosecution, however, argued that he was guilty statement seemed very unlikely, replying: ‘He was simply annoyed by the people on the path whom he had to swerve around all the time.
Because he was facing an obstacle for the third time, he gave the child the ”kneepunch”.
According to the local bicycle association, this man was described as unacceptable by his behavior. The judge decided to grant lenient treatment. It was argued that although the man didn’t intend harming the girl, it was minor. Additionally, he had previously been criticised via social media.
Further, the judge stated that the cyclist was already in prison when he was taken into custody. ruled that the unnamed man must pay the girl’s family a symbolic €1 (86p) in compensation for the incident.
Although the cyclist could have spent up to a whole year behind bars, the court decided that the sentence should be suspended. He will not receive any penalty for his actions, provided he does no reoffend.