Cyclist Who Kneed Five-Year-Old Girl on Path Ordered to Pay Symbolic €1 Compensation
A cycling club president in Belgium has been ordered to pay a mere €1 (approximately £0.87) in compensation after being filmed kneeing a five-year-old girl on a snowy path during a family walk. The incident, which occurred on Christmas Day 2020 in the Baraque Michel nature reserve, sparked a lengthy legal dispute that culminated in a controversial ruling.
Incident Captured on Video by Father
The cyclist, identified only as Jacques D, was recorded by the girl's father, Patrick Mpasa, as he approached Neia and her mother from behind on a narrow path. In the footage, Jacques D can be heard sounding a horn-like bike bell before swiftly riding past the pair. As he passes the young girl, he appears to extend his knee, striking Neia in the back and sending her tumbling to the snowy ground.
Mr. Mpasa yelled after the cyclist, who continued riding without stopping initially. According to Mr. Mpasa, he eventually managed to confront Jacques D, but the cyclist showed no remorse and did not apologize for the incident. Although Mr. Mpasa stated he did not want to initiate a witch hunt, he later posted the video on social media, where it quickly went viral and ignited a public outcry.
Legal Proceedings and Cyclist's Defense
The video led to a court hearing in February 2021, where Jacques D claimed the incident was accidental. He argued that his rear wheel had slid on the snowy path, causing him to lose balance. To prevent a fall, he balanced himself with a knee movement, inadvertently hitting the girl. Jacques D stated he felt contact but did not immediately realize Neia had been knocked over.
The judge ultimately handed Jacques D a suspended sentence, citing no intent to harm, the minor nature of the incident, and the heavy online criticism he had already faced. The compensation was set at a symbolic €1, a decision that drew mixed reactions from the public.
Defamation Lawsuit and Court Reversal
The legal battle intensified when Jacques D sued Mr. Mpasa for defamation, alleging the video made him identifiable and damaged his reputation. In April 2023, a court initially ordered Mr. Mpasa to pay nearly £4,000 in compensation to the cyclist. However, this decision was overturned yesterday by the court of Liege.
The appellate court ruled that posting the video was an exercise of freedom of expression and not a crime. Jacques Englebert, Mr. Mpasa's lawyer, explained that the court found the father had contributed to public debate on cyclist and pedestrian safety. Instead of compensation, Jacques D was ordered to pay approximately £1,700 in court costs.
Broader Implications for Public Safety
This case highlights ongoing tensions between cyclists and pedestrians in shared spaces, particularly in natural reserves and urban areas. The minimal compensation awarded to the victim has raised questions about legal accountability in minor but distressing incidents. Meanwhile, the court's defense of free expression in sharing such footage underscores the role of social media in fostering public discourse on safety issues.
The outcome serves as a reminder of the complexities in balancing personal privacy, legal recourse, and public interest in the digital age. As cycling infrastructure expands globally, incidents like this may prompt further discussions on regulations and etiquette for shared pathways.
