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Big Dog
19th May 2010, 22:39
The following is posted on behalf of the family:


To all friends ofBack Fire / Rayza (http://www.kiwibiker.co.nz/forums/member.php/3578-Back-Fire),
The time has come that the family of our fallen Friend / Comrade / Brother has to face one of the biggest challenges a family can face, the formal inquest.

We will not be discussing any of the evidence in the case with anyone before the inquest, on line or offline, unless they are a qualified lawyer and wish to represent the family at inquest.

No family looks forward to such proceedings with any sort of pleasure but given the nature of his passing this is going to be a difficult one and the outcome will affect us all. The outcome will affect every user of a public road on a motorcycle. Whether you know it or not, this means you.

The purpose of this post is to seek help. We need it. Back Fire / Rayza (http://www.kiwibiker.co.nz/forums/member.php/3578-Back-Fire) needs it. You need it.
What we need is either a qualified lawyer (preferably with inquest experience) or some financial support towards hiring one.

The bank account details below are for the trust account set up to pay for the costs of the long list of people so far involved in our inquiry into what has occurred has been extensive and continues to grow.

We have reached point we can no longer go on alone and we can no longer go on without a lawyer.
From
the family of Back Fire / Rayza (http://www.kiwibiker.co.nz/forums/member.php/3578-Back-Fire).


Account name: Mr J G Evans and Mrs K E Evans and others.
Account number: 12-3034-0159224-50

Please reference your donations to "Dans Truth Fund"
If you want the family to know who it is from please append your handle on to the reference and PM me your message so I can pass your message on to them.

Your support is appreciated in this time of great personal loss that has now also become a time of great financial burden.

Morcs
19th May 2010, 22:53
Fuck off Katman.

Ill be making a donation on payday.

Big Dog
19th May 2010, 22:58
On a seperate note: if you have photos or video of Dan that the Family may not have copies of please post them in this thread or email them to me at bigdogonamtabike@gmail.com

Genestho
19th May 2010, 23:14
I wish the Evan's family all the best with the Inquest.

I have been advised in regards to our three family's upcoming part II of inquest that having a lawyer rep is of no further advantage and couldn't do more than you're able to do yourself, whether or not this is applicable here - I'm not sure.
However, seeking advise prior is a good thing.

Addressing the Evans family: You can represent yourselves/Dan, and submit any and all information and/or research regarded relevant, in terms of: How to prevent this tragedy from happening again.

You can only ask direct questions of witnesses on the day - who attend, that have made statements within the crash report as I understand it, whether you can invite outside or expert witnesses, that needs to be cleared with the Coroner (if you haven't already)

You can also list all questions and send to the coroners office prior to the inquest, so all questions will be covered where possible (again - if you haven't already) and of course add more on the day as witnesses step up and the process unfolds.

Simply put - the coroners court is not to determine blame, but to determine the findings of this crash, and prevention of another similar episode, publicise these findings, and the Coroner is now able to make recomendations at a Govt level (for want of better words)

My personal opinion, having gone through part I, is the only differences between having a lawyer represent or not, is money, and that they ask the questions, submit the info, and pick up details for more questions - if you're unable to.
Anyone and everyone within the family who attends is able to share the 'details' burden.

It is harrowing, but possibly a weight off - whichever way you go.

Again, Best wishes from our family, to yours. :)

scott411
20th May 2010, 09:30
I wish the Evan's family all the best with the Inquest.

I have been advised in regards to our three family's upcoming part II of inquest that having a lawyer rep is of no further advantage and couldn't do more than you're able to do yourself, whether or not this is applicable here - I'm not sure.
However, seeking advise prior is a good thing.

Addressing the Evans family: You can represent yourselves/Dan, and submit any and all information and/or research regarded relevant, in terms of: How to prevent this tragedy from happening again.

You can only ask direct questions of witnesses on the day - who attend, that have made statements within the crash report as I understand it, whether you can invite outside or expert witnesses, that needs to be cleared with the Coroner (if you haven't already)

You can also list all questions and send to the coroners office prior to the inquest, so all questions will be covered where possible (again - if you haven't already) and of course add more on the day as witnesses step up and the process unfolds.

Simply put - the coroners court is not to determine blame, but to determine the findings of this crash, and prevention of another similar episode, publicise these findings, and the Coroner is now able to make recomendations at a Govt level (for want of better words)

My personal opinion, having gone through part I, is the only differences between having a lawyer represent or not, is money, and that they ask the questions, submit the info, and pick up details for more questions - if you're unable to.
Anyone and everyone within the family who attends is able to share the 'details' burden.

It is harrowing, but possibly a weight off - whichever way you go.

Again, Best wishes from our family, to yours. :)


having been through corners court as well, this is very good advice, it is not a trail as such or laying blame, it is more looking on how to prevent a similar event occuring,

Ryder
20th May 2010, 16:03
To everyone who is reading this thread:

I am Dan's sister. FYI: We (the Evans family) have been advised to get a lawyer by all people who have full knowledge and information regarding the case, Dan's accident and, all factors involved in it. We have no more money left, no capacity to cope mentally or emationally anymore, and are asking for help. Your help does not have to be monetary. If you know a lawyer that can help us that will not cost us a fortune please let us know.

I cannot share any information regarding the inquest or the accident, however I can honestly assure you that this will in the end affect us ALL.

Those of you that do not wish to help or have ill feelings regarding our cry for help from fellow riders in the KB community should not feel the need to do so. Please bare in mind that the rest of my family are also on KB and will read this thread so if you do not have anything nice to say do not say anything at all. Have a heart and have some respect for a fallen rider and the grieving family that they have left behind. Ever heard the term "sticks and stones..."? - Well in this case words hurt more!

Just remember there are always two sides to every story. And rumors are just that - rumors. A rumor isn't a truth just because you've heard someone say it somewhere. Things are not always as they appear so please have an open mind and an open heart.

This thread was a cry for help not an invite to discuss how someone has or hasn't passed away so please stay on topic and keep the nasty comments to yourself.

Thank you to all who have offered kind words and encouragement. Thank you to all who have said they will donate to our cause; to Dan's cause. And an even bigger thank you to those that have stuck by us (the Evans family) through this terrible experience, have been there every step of the way, and have helped us keep Dan's memory alive - you all know who you are.

Cheers.

Ryder
20th May 2010, 16:54
Thank you for the responses I have received in the last couple of minutes. I have been asked by someone to PM them via the rep system. I am so sorry but I dont know who you are....your handle doesn't appear because I don't have enough rep to see who people are when they rep you yet.
...Wow that was a mouthful to get out! :blink:
If you PM me to let me know who you are I am PM you back. Apologies for the inconvenience. :slap:

sunhuntin
20th May 2010, 17:21
i still think of dan quite often, even though i never met him. his memory helps keep me in check when riding, thinking of the what ifs. ryder, i wish you and your family all the best in the coming weeks and months.

roadracingoldfart
20th May 2010, 18:31
Dont shoot me or give me crap but who and in what particular event are we refering to here. I dont live in a cave but would like to know a bit more about the situation before i hand out money (which i am happy to do and have before) but if we dont know we cant comit.
ps; by we , i mean myself and Dianne.

Thanks Paul.

Ryder
20th May 2010, 18:51
Dont shoot me or give me crap but who and in what particular event are we refering to here. I dont live in a cave but would like to know a bit more about the situation before i hand out money (which i am happy to do and have before) but if we dont know we cant comit.
ps; by we , i mean myself and Dianne.

Thanks Paul.

Hi Paul.

My brother died on the wire rope barriers in 2007 not long after his 21st birthday. His handle was originally Rayza but he later changed it to Backfire. http://www.nzherald.co.nz/transit-nz/news/article.cfm?o_id=223&objectid=10471320

We (the Evans family) are asking for help - donations, lawyers details and recommendations, anything help us with the inquest. We are financially unable to cope and are also incapable of coping emotionally or mentally. We are all still grieving badly and the situation is extremely overwhelming for all of us. My dad was going to represent himself but he can't face it and neither can the rest of us. It is just altogether too much. We would like a legal representative for the inquest and anything that may follow afterward.

roadracingoldfart
20th May 2010, 18:54
Thanks for that info , i was very much in the dark as to what the post meant .
Best wishes to you and your family.

phill-k
20th May 2010, 19:31
Agree with TGW as regards the hearing. Having attended my brothers hearing and as I had some understanding of the operations surrounding his death I asked many questions, which in turn lead to the coroner to include in his findings aspects of where my questioning went.
The Coroners court is not as formal as the district/high court, generally doesn't attract the "public" and you do not need to take the stand to ask questions, this can be from your seat You can ask your questions yourself or submit them to the coroner or police personal who conduct the inquiry.
A lawyer is only going to be able to ask questions you provide him, they will not contribute as such to the outcome because of their skills as a lawyer, perhaps consider someone who is a family friend to ask your questions. The hearing is not about apportioning blame as such, although the circumstances surrounding the death could lead to the coroner making recommendations to any relevant authorities, along with officially confirming cause of death. If there are questions of law, or if the coroner needs to seek advice on aspects surrounding the accident he may well adjourn the hearing to seek expert opinion, his outcome will then be delivered at a second hearing as occurred with my brothers. The coroner is not a judge who weighs up any evidence presented, or directs a jury too, rather he is an investigator, and will initiate a lot of the questioning of witnesses himself.
It is really important as a part of your grieving that you attend, at the very least it will hopefully allow your family to move forward.

RiderInBlack
20th May 2010, 20:04
Will transfer some money as soon as I get off here (done). Was at Backfire's funeral and think of him often as I ride near those dam WRB.

As for Katman, can someone please send him ta the sin bin:angry:

Insanity_rules
20th May 2010, 20:39
Good luck with everything.

Big Dog
20th May 2010, 20:47
Dont shoot me or give me crap but who and in what particular event are we refering to here. I dont live in a cave but would like to know a bit more about the situation before i hand out money (which i am happy to do and have before) but if we dont know we cant comit.
ps; by we , i mean myself and Dianne.

Thanks Paul.

Hard to know how much detail to give. We were reluctant to ask for help in the first place.

Dan was a humble kind of guy.

I did not know him that well myself, only met him a few times.

What I knew before he died was that he was a bit of a charachter and an extraordinary talent who never asked for anything not even when he was hungry and had spent his dinner money on gas for coming to the ATNR.

What I have learned since is that he was a humble sort who would do anything for another tank of gas.
He never set out to set the world ablaze, but wanted to make his mark.
He spent hours washing his bike whenever he had no gas.
He gave money he could barely spare to the hospice. Often his lunch money.

The appeal is on here because Dan saw kiwibiker as his second family.
Kiwibiker and more importantly the people on here were more than just some people sharing some cyberspace.

They were people he understood.

RiderInBlack
20th May 2010, 20:54
Less We Forget (for those who are wondering what this is about) :
Fatal accident involving Back Fire/Razya on SH1. 20 Oct, 2007 (http://www.kiwibiker.co.nz/forums/showthread.php/59302-Fatal-accident-involving-Back-Fire-Razya-on-SH1.-20-Oct-2007?highlight=Dan+Funeral)

RiderInBlack
20th May 2010, 22:44
Bump because this is for all of us not just Dan & his family.

candor
20th May 2010, 23:55
A lawyer is only going to be able to ask questions you provide him, they will not contribute as such to the outcome because of their skills as a lawyer,.

If its open and shut (which usually won't lead to an Inquest) then no lawyer needed. Ours wasn't open and shut... the lawyer we hired was invaluable. Needed to be for 15 g for the day + a few days prep (apparently thats very reasonable to deal with about 3 big issues) of resource materials we spent much longer gathering. We could not have achieved what he did, and we were well advised by him to use a lawyers services despite struggling with cost.

He used all of his training to corner evasive witnesses including Drs and Police, rile them so they would admit things that they otherwise wouldn't have etc. He was also able to argue against their lawyers objections to having them answer certain questions. It is not that informal - the Coroner has the same powers as a Judge to stop or permit lines of questioning, so if anyone is likely to be evasive it's good to have a lawyer. The lawyer can also sniff out laws and legal responsibilities as these apply to agencies eg Transit... so as to highlight any shortcomings.

Without a lawyer I'm certain the witnesses lawyers would have prevented the truth coming out, and therefore good recommendations.
My relation was a victim, but I imagine that if people have any fault on them a lawyer might help too with getting any irrelevant "smear" type info suppressed, that might upset people eg children if made public. Just thought. If the victim died due to the actions of another motorist then I think you can maybe now ask a legal aid listed lawyer to do the job for you with an immediate write off (check that). If he wasn't anothers' victim then you only have to pay for legal aid if you ever sell major assets.

PrincessBandit
21st May 2010, 08:12
This is a tragic thing for any family to have to go through and the nature of his death is particularly hard. It must also be difficult asking for help at a time like this. My thoughts are with his family as they have this unpleasant event coming and hope that they will have the support of extended family, friends and strangers. Whether or not people contribute financially is entirely up to them, but monetary assistance is not the only form of support available.

I certainly wish them strength as they face this inquest and hope that there are answers which can give them closure. Answers may not always be of the nature we want, but can at least provide some understanding and ways to go forward.

MSTRS
21st May 2010, 10:07
I'd love to be able to contribute financially or in person, but currently cannot (sorry). All I can do is say I'm there in spirit, and hope the answers you (and we) need are forthcoming.

sunhuntin
21st May 2010, 20:41
theres something very wrong when someone takes a media and police report as gospel. there was one witness to this accident, and i got the chance to speak to him not long after it happened. i know who to believe and it sure as fuck aint the cops or the media. as RIB said, if you want to stir the pot, start a new thread and leave this one to those with some respect and sympathy for those involved.

Foxzee
21st May 2010, 20:42
With all due respect, most of us are aware how Dan lost his life.

Coming on here asking for money is nothing short of tacky.

Oil your dick....might make your comments easier to swallow!

To the family: My thoughts are with you...having been through an inquest recently myself I understand the stress and emotion that is involved...comforting words to us were "This is a Court of no blame"

Big Dog
21st May 2010, 22:29
I'd like to know what it is that is hoped to be achieved by the Coroners Inquest.
To get some closure in the matter of the loss of their son.
To get some matters of opinion corrected to the facts.

To me it does not matter the outcome of the inquest beyond if the opinion currently being floated around by people such as yourself is accepted as fact we will never be rid of WRB's and a young mans family will have to live with him being vilified when he cannot defend himself. There is more to this than meets the eye but you made your mind up a long time ago and closed the case.

Forget the fact that you have an opinion, or even imagine for a moment that your opinion does not matter.

These are members of KB?
Long Term Members of KB?
Who have been there when others needed help?
Did you have to have 2c?
Are you innocent?

Ryder
22nd May 2010, 12:34
Sorry that *some* here just have to spout their opinion ad nauseum, regardless of who it hurts. Most of us are 100% behind you and the process to get at the truth of what happened.

I don't mind people having an opinion and i don't mind if it differs from mine. people are entitled to an opinion. what i do mind is people purposely being offensive and nasty and not using common sense and thinking to themselves ok this is going to offend some people and upset them lets not post it.

I have been absolutely taken back by the kindness and generosity of the majority of KB'ers that have replied to this thread. If nothing else, i feel it has helped restore a little of my faith in humanity. I am sure my parents probably feel the same.

Ryder
22nd May 2010, 12:36
You're easily amused

yes...yes he is! once he finally clicks!...many weeks later! tehehe

Big Dog
22nd May 2010, 17:31
yes...yes he is! once he finally clicks!...many weeks later! tehehe

Are you saying we should get him a laser pointer for Christmas so he is entertained on New Years?


Now that's harsh.

Ryder
22nd May 2010, 17:33
Are you saying we should get him a laser pointer for Christmas so he is entertained on New Years?


Now that's harsh.
no...

i'm saying we should get him two! ....and maybe a model orangewing! bwahaha

avgas
22nd May 2010, 18:06
harsh much...
Yep. its called honesty.
If you want to grate your own wounds and be a masochist so be it. But I won't hand you the knife.
Friends tell friends when there is a problem - And I can see a downward spiral for you if you take this path.

The rest on here are simply paying faith money (religious agenda), or paying money as your agenda matches theirs (cheesecutter).
I would only pay you money as a friend, to help you through this period of pain and heartache.
How often has a stranger told you they would pay for you to relax and enjoy life.

Ryder
22nd May 2010, 18:28
Yep. its called honesty.
If you want to grate your own wounds and be a masochist so be it. But I won't hand you the knife.
Friends tell friends when there is a problem - And I can see a downward spiral for you if you take this path.

The rest on here are simply paying faith money (religious agenda), or paying money as your agenda matches theirs (cheesecutter).
I would only pay you money as a friend, to help you through this period of pain and heartache.
How often has a stranger told you they would pay for you to relax and enjoy life.


Thank you for your honesty. i appreciate the intent behind your words. I wish i could explain to you why we need to do this. I have to fight for my baby brother. he is not here to do it himself.

i have two options - sit back and so called "relax and enjoy life" or i can do what i believe to be the right thing and stand up and fight.

i choose to stand up and fight. i cannot just walk away. it would mean a lifetime of guilt and much worse.

nothing in this world will ever bring him back. if i could switch places with him i would. i would give anything to feel his hugs again and hear his voice. unfortunately the reality is hes gone. my heart aches from the weight that has been placed upon it. i have a hole where there should be happiness a lot of the time. a have very few joys left in my live. i need closure. fighting is the only way i will ever get closure and the only way my brother will ever be able to rest in peace.

i hope you can at least try and look at things from my perspective.

all i want is the truth. if the boy was at fault the so bet it. if he wasn't then great. i just want the truth to come out.

Mom
22nd May 2010, 18:47
First I want to make it really clear that I am not associated with the family of Dan in any way, and have no idea of the ins and outs, or whys wherefores, or any other thing to do with this issue.

I have held off responding to this thread as I dont want to generate any more "off topic" discussion however...

Dans death was referred to the coroner, he/she has investigated all aspects of how Dan died. It is a formal process that has to be done when there is some doubt about the how's and why's of a sudden death. It was not the families decision for this to happen. All road deaths are referred to the coroner.

Dans death became an issue for 2 reasons, one, his bike appeared to have broken in two pieces, and two, he suffered a catastrophic injury on the WRB's when he parted company from his bike. That is all that we know.

What I do know however is this family have not been able to move forward, or to put this matter to bed or any other way of saying "get on with life" while this inquest is hanging over them. I have no doubt the dark days are a regular part of their lives. How incredibly sad. It is bad enough to lose a son and brother, but to be still living through the "process" after so much time has passed is cruel.

I cant offer financial support, I am not close enough to the family to offer moral support in a physical way, I dont know them well enough anyway, but I can defend them when they call for help. They have chosen this way, I can believe they are at the end of their emotional resources to deal with the inquest and want/need legal representation, I have no doubt they are at the end of their financial resources.

Will the knockers please FUCK OFF! out of this thread. Go start your own one. This family dont need any more crap given to them to satisfy your personal agenda/s. Have a fucken heart, if you have nothing nice to say, say nothing!

Consider yourselves told!

chanceyy
22nd May 2010, 19:23
Moderator warning :

for those detractors with their own godlike options , Yes I have been in here moving the crap to PD where it belongs.

Ryder I am sorry your family is going through such hard times .. many an evening I used to talk to Dan on MSN .. funny lovely guy .. My thoughts are with you and your family

I will be modding this thread and for those who do not wish to support the family thats fine .. just leave this thread alone!

Genestho
22nd May 2010, 19:29
Ok, let's get this back on track.

I have a couple of links: http://www.nzls.org.nz/RegistrationDB/faces/presentation/general/FindLawyerOrOrganisation.jsp Possibly a Duty Solicitor is what you need.

and Community law Services (free advice) http://www.communitylaw.org.nz/Services-Offered.56.0.html

PrincessBandit
22nd May 2010, 19:38
Moderator warning :

for those detractors with their own godlike options , Yes I have been in here moving the crap to PD where it belongs.

Ryder I am sorry your family is going through such hard times .. many an evening I used to talk to Dan on MSN .. funny lovely guy .. My thoughts are with you and your family

I will be modding this thread and for those who do not wish to support the family thats fine .. just leave this thread alone!

Most certainly there is no reason for offensive posts (although "offensiveness" is quite subjective). I think there have been some reasonable questions asked, which don't sound supportive of the family. Are you saying that no one is to ask questions or make comments which don't come across as being completely supportive? i.e. can you only post if you are going to be a "yes-man"?

chanceyy
22nd May 2010, 19:41
can those questions not be asked via PM .. the written word is always harder to transcribe as depending on your emotion is to how you respond

reasonable ?? thats questionable, and of course if you do not support or wish to support then no need to respond is there ??

RiderInBlack
22nd May 2010, 19:49
Again people are getting "Supportive" confused with "Discussion". This thread is OBVIOUSLY about being "SUPPORTIVE". As it has been stated QUITE CLEARLY if ya want to "DISCUSS" this subject, then feel free TA START YA OWN THREAD. Easy to understand I would have thought really:msn-wink:

Genestho
22nd May 2010, 19:51
Sorry - regarding any questions or opinions, they need to be left until after the Inquest, it is in extremely poor taste to dictate either - clearly because of emotion, until the investigation and findings are complete, and I'm sure I don't need to remind the Evans Family to ignore opinion publically and particularly via PM - do not reply - until after your investigation is complete, cheers.

chanceyy
22nd May 2010, 21:37
Sorry - regarding any questions or opinions, they need to be left until after the Inquest, it is in extremely poor taste to dictate either - clearly because of emotion, until the investigation and findings are complete, and I'm sure I don't need to remind the Evans Family to ignore opinion publically and particularly via PM - do not reply - until after your investigation is complete, cheers.

good point doll :)

Sharry
22nd May 2010, 21:41
Sadly, despite the years I knew him I do not have any photos of Dan. Do you have any on computor you could could share Ryder and BigDog?

Kornholio
23rd May 2010, 09:15
Sadly, despite the years I knew him I do not have any photos of Dan. Do you have any on computor you could could share Ryder and BigDog?

I have this one... would have been 05/06 :)

Sharry
23rd May 2010, 11:14
Thanks dude, I realy appreciate this:yes:

Big Dog
23rd May 2010, 12:41
Once again, this thread is directed at "Thread: To all friends of Backfire/Rayza" not "Random Rubberneckers With Their Own Agendas And Ghoulish Vindictiveness".
If you do not count your self a friend or supporter then perhaps you should ask your questions or show your displeasure directly to me via PM rather than upsetting the family.

beyond
23rd May 2010, 16:27
I have this piccie in case you haven't got it yet :)

Used to laugh at Dan's comments about my 14. He used to say he couldn't believe I could ride the armchair the way I did around the Coro loop at the pace we used to ride :)

Taken in Coromandel on 18 March 06

firefighter
23rd May 2010, 16:36
Moderator warning :

for those detractors with their own godlike options , Yes I have been in here moving the crap to PD where it belongs.

Ryder I am sorry your family is going through such hard times .. many an evening I used to talk to Dan on MSN .. funny lovely guy .. My thoughts are with you and your family

I will be modding this thread and for those who do not wish to support the family thats fine .. just leave this thread alone!

Ca'nt say I understand why my post ended up in there......thanks

chanceyy
23rd May 2010, 17:13
Ca'nt say I understand why my post ended up in there......thanks

Generally if you quote a post it can end up in pd as well and sometimes with the clean up posts can accidentally end up in there as well

avgas
23rd May 2010, 20:06
What mum said.....
Fair enough. Consider it done.

Ryder (and to others in the family). The offer will always stand. When you need that holiday away from it all - let us know.