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Ex-cop sued for R2.9m
09/03/2005 23:29 - (SA)
Pretoria - The former Pretoria traffic officer who shot dead the bodyguard of Reserve Bank governor Tito Mboweni said he stopped shooting when the man had hit the ground.
Joseph du Preez testified on Wednesday in the R2.9m damages claim he is facing in Pretoria High Court.
Davis Smith was shot dead next to the N1 South on the outskirts of Centurion on May 26 2000.
His widow, Myra Smith, is claiming damages on behalf of herself and on behalf of the couple's daughter, Kamryn.
She is also claiming R11 394 for her husband's funeral expenses.
Smith was on his way to Johannesburg International Airport to fetch Mboweni.
Testifying in his own defence, du Preez said he was justified in shooting Smith that afternoon.
He said Smith was driving recklessly, but he (du Preez) could not arrest or fine him as they were no longer in the Pretoria area and he did not have the authority to arrest or fine anyone in Midrand.
Du Preez said he phoned his brother, who was a traffic officer in Midrand, to send out a patrol car to stop Smith.
Meanwhile, he had managed to drive up next to Smith and flashed his badge at him.
He told Smith to pull off the road.
Du Preez said as they got out, he saw Smith drawing his firearm.
He said he tried to get hold of the weapon, but Smith pulled his hand away.
Hit four times
Du Preez said he moved back and shot at Smith, because he believed the man would kill him.
"I stopped shooting when he fell to the ground. I went to him and he was still alive."
The paramedics later arrived, but Smith was already dead.
He had been hit four times, including to his chest and stomach.
Counsel for the widow claimed that Smith did not point a firearm, but du Preez insisted the man had a firearm in his hand.
Asked by counsel for the widow what he would have done if Smith refused to wait for the Midrand traffic patrol car on the scene, du Preez said there was not much he could do, he would have probably let the man go.
But, if he agreed to wait, he (du Preez) would have testified in a criminal court that Smith drove recklessly.
Smith was arrested, but charges were later withdrawn against him in the Randburg magistrate's court, pending the outcome of an inquest.
The subsequent inquest found that he was responsible for Smith's death.
- SAPA
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