This video – of a cyclist knocking over a young girl in the snow in 2020 – resulted in a five-year legal battle that has just ended
A video of a cyclist in Belgium that went viral at the end of 2020 resulted in a legal battle that has only just ended, more than five years later. And though the matter is now currently closed, after the latest court decision, one of the parties says he wants to explore his legal options to continue.
The clip captured a cyclist in Baraque Michel nature reserve near Verviers trying to squeeze past a 5-year-old girl in the snow on Christmas Day. As he passed, his knee made contact with the girl, knocking her to the ground, with the cyclist continuing on his way.
Though the cyclist insisted he did not mean to knock over the child, he and the girl’s father became locked in a legal battle.
The cyclist had only ever been identified publicly as Jacques, but has this week given an interview to the Mail. His identity has been revealed as 66-year-old retired gardener, Jacques Davenne, who is president of his local cycling club.
“I did nothing wrong… I rang my bell several times,” he said, believing those on the path he was cycling on could have moved out of the way, including the 5-year-old girl.
Back in December, 2020, footage of the incident was shared on social media and went viral, with the cyclist presenting himself to the police within days such as the publicity around the clip. Reports at the time suggested the cyclist contacted the girl’s family, but stopped short of apologising.
He also insisted at the time, via his lawyer, he did not mean to hit the girl and did not initially realise she had fallen. He was taken to court for involuntary assaulting the girl due to negligence. But he was given no sanction because the judge effectively concluded the publicity generated by the viral video was punishment enough.
Davenne then sued the girl’s father, Patrick Mpasa, arguing the publicity the video generated made him so fearful he would not leave his house. He won his case and Mpasa was ordered to pay €4,500 in compensation.
However, Mpasa appealed that decision and he has now won his case. But Davenne has told the Mail he is unhappy about the appeal going against him and is exploring his legal options. That leaves open the possibility the legal battle may be reopened.
Davenne said on the day in question he rang his bell and then as he tried to pass the child he slipped a little. This meant he instinctively put out his knee to balance himself, though that resulted in the child falling.
He said while the child’s father pursued him and caught up with him, he told him it was an accident and not intentional. But then the video was published and the incident took off.
“My friends recognised me and kept asking me about what happened and I told them it was an accident, just one of those things,” he said of the unwanted attention.
“But it quickly went out of control, even after I spoke with the father as a friend of mine knew his wife, I suggested we drop it and forget about it as no harm was done.
“But then the police were involved and I was even kept in custody when the investigation started, it seemed to get out of hand very quickly for something that was very small.”