Lawyer: Driver didn’t know of dragging

2013-03-12 14:41

Johannesburg - The driver of the police vehicle which dragged taxi driver Mido Macia was unaware the man was attached to the van, the Benoni Magistrate's Court heard on Tuesday.

Defence lawyer Elias Tshole said driver stated in an affidavit that he looked in the rear-view mirrors and did not see Macia.

"If someone is underneath [the vehicle] there is no way you will see them [in the rear-view mirrors]."

Another accused saw Macia being dragged and tried to intervene. In an affidavit, this man said: "I ran to try alert the person driving that bakkie that there was someone dragging [behind it]".

Tshole argued this was consistent with the accused trying to save a life.

'Were they all dragging the deceased?'

Nine policemen are applying for bail after being arrested and charged with killing Macia.

They are: Thamsanqa Ncema, 35, Linda Sololo, 56, Meshack Malele, 45, Motome Walter Ramatlou, 37, Percy Mnisi, 26, Bongumusa Mdluli, 25, Sipho Ngobeni, 30, Lungisa Ewababa, 31, and Bongani Kolisi, 27.

Macia was filmed being tied to the back of a police van and dragged along a street in Daveyton on February 26. An eyewitness gave the footage to the Daily Sun newspaper. Macia was found dead in the police station's holding cells several hours later.

Tshole said: "Were they all dragging the deceased? Clearly, no."

He said the circumstances would not support allegations that the policemen acted with common purpose, as the rules of common purpose did not pertain to the matter.

"If this court was sitting as a trial court today, they would be acquitted."

Tshole said the accused, as policemen, had helped to maintain peace and security in the country. He said their release on bail would not compromise security.

The Independent Police Investigative Directorate was handling the matter.

"It is currently an open secret they are suspended from work," Tshole said.

"They cannot destroy evidence."

Macia in an accident days before death

The accused would also not intimidate witnesses, because they had no access to any relevant information or witnesses. The men also did not have the means to flee the country, he argued.

On Monday, the court heard Macia was in an accident several days before his death.

"A few days before his death he was involved in a car accident with schoolchildren," defence lawyer Lokhimbar Dikatope said.

"Five of them [the children] died as a result. A case of culpable homicide was opened against him."

On Monday the court heard that an autopsy found Macia had suffered extensive internal and external injuries and had died from oxygen deprivation, a condition known as hypoxia.

Earlier, Magistrate Sam Makamu denied an application by the defence to shut down an overflow room with a live feed of court proceedings.

  • Mavhuto Nyirenda - 2013-03-12 14:56

    these cops r trying to hide behind a finger, wat was yo aim wen you tied him on a police van?

      Nosiphom Mazibuko - 2013-03-12 16:31

      To arrest him, then he slipped out of the van, etc, etc - the court must prove BEYOND reasonable doubt that the police are lying. As I sit here, I do not know what happened - I was not there. Based on the info above, one would have to let them walk.

  • Peter Ndamase - 2013-03-12 15:03

    But... where were you driving to leaving your colleagues behind?

      Tshepo Maganedisa - 2013-03-12 15:10

      to Mabaso shisa nyama

      briantebogo - 2013-03-12 15:14

      With the bag door open and swinging about?

      Sanchez Real Govere Sancho - 2013-03-12 15:26

      My shift had just ended... was officially off duty

      Walter Milsom - 2013-03-12 15:41

      Good question,!!

      janice.mcmaster.92 - 2013-03-12 16:03

      But all nine of them couldnt have been in one van surely?

      Frederick Nel - 2013-03-12 16:07

      To me the whole thing did seem unorganized. Like why did the police pickup the mans feet and try run with the bakkie at first and the driver never got out once to check what was going on. Maybe he just assumed the guy was loaded up in the bakkie and took off. I dont know what to make of it but ether way what they did to this guy was very harsh and remains there fault. The taxi driver killed 5 kids? Maybe he got what was coming to him but once again dont know what to make of it.

  • timothy.tanzer.5 - 2013-03-12 15:04

    Yea... surely if they were aware of something wrong the other officers would have shouted or tried to stop the driver. BS. Guilty.

      NicolasGombert - 2013-03-12 17:24

      They all had radios!

  • Mualusi Avhashoni Dokotela - 2013-03-12 15:04


  • mlungisi.kunene - 2013-03-12 15:05

    ask him what happen to his radio if they were saving airtime to communicate?

  • briantebogo - 2013-03-12 15:07

    I guess nobody's responsible for his death then!

  • Tshepo Maganedisa - 2013-03-12 15:10

    Be acquitted, i am sure its a lawyers language to appetise their clients. Pity those cops wont even spell that name *i know this from the way they fill the affidavit or when they take the statement*

      Tshepo Maganedisa - 2013-03-12 15:45

      until you go to Daveyton police station thats when you will see who is an idiot

      makgale.makgalemele - 2013-03-12 20:36

      Oh Modimo wa Sekhukhune, can't you guys debate without labeling each other as 'idiots'? You behave as if you are ANC members ( throwing mud at each other ) trying to outsmart each other instead of discussing issues as tabled here. Aag man, let us try to build each other so we become a better nation.

  • Peter Boot - 2013-03-12 15:10

    It already stinks, hope they have lots of moolah to pay the Lawyer !!!!

      Jacques Wilbur Smith - 2013-03-12 15:52

      and what about the supposed accident involving the FIVE SCHOOLCHILDREN??? Just as made up as their lawyer's current statement!

  • Nizole Middle-Finger Khala - 2013-03-12 15:14

    Very, very, very, very poor excuse by this thug!!

  • Mouna Cox - 2013-03-12 15:16

    the driver could see the doors of the van banging, y ddnt he ask himself where Macia was as u cnt put sum1 in a police van and still leave the door open, d reason the government made him to drive the police car is bcoz they trust him in transporting criminals safely, so how do u transport a criminal in an oepn van... dis doesnt m,ake sense

      NKAISANA - 2013-03-12 15:57

      100% right the blindspot is fitted to look what is behind you

  • Ryan Holland - 2013-03-12 15:16

    What type of person is picking fights with police and being a general trouble maker just a few day after killing five kids.

  • Kevin Vandayar - 2013-03-12 15:16

    I am beginning to think none of you have ever driven in the Jhb CDB foe example, where taxi drivers come banging on your windows to move, pull people out of their vehicles and beat them up and knock other cars and just drive off!

  • miki.depaiva - 2013-03-12 15:17

    Thats the problem in SA - nobody ever takes responsibility for their actions.

  • Sanele Masondo - 2013-03-12 15:18


      Frederick Nel - 2013-03-12 16:13

      You do realize its harder to read text when its all in caps?

      pjthesecond.eldest - 2013-03-12 19:38

      Sanele did you also buy a keyboard on E-bay with a broken "shift" key?

      makgale.makgalemele - 2013-03-12 20:37

      Eish. . . !

  • Erich Goosen - 2013-03-12 15:19

    There is something rotten in the state of Denmark. If 5 school children were killed in a taxi accident a number of days prior to this tragic incident, why was Macia not detained and charged? Why did the earlier accident not received more coverage in the media? A very one-sided story emerged after Mascia's death and also evoked a bitter attack from Grace Machel (Mandela). The whole world was up in arms againt the 8 policemen but the release of the prior accident could have given a more balanced picture. My sympathy is now swaying and I am tempted to say poetic justice. News24 and the other media should have carried all the facts and it goes beyond me that the SAP did not release all the facts earlier.

  • Mphotant Thelejane - 2013-03-12 15:25

    To drive a state vehicle in the police requires a stringent process under assessment for qualification, amongst those process in pre trip inspection which requires the driver to assess all around the vehicle before taking off, clearly this office had overlooked this procedure and standing order relating to state vehicles. I cannot understand how their legal rep and court could have realised to such submission as a basis amongst other claims.

  • IantheJ - 2013-03-12 15:25


  • Mphotant Thelejane - 2013-03-12 15:29

    To drive a state vehicle in the police requires a stringent processes under assessment for qualification, amongst those processes in pre trip inspection which requires the driver to assess all around the vehicle before taking off, clearly this office had overlooked this procedure and standing order relating to driving state vehicles. I cannot understand how their legal rep and court could have relied to such submission as a basis amongst other claims.

  • Palma Johannes - 2013-03-12 15:32

    That's Big Lies.Everybody cn c what happened to the poor Macia,even a toddler cn explain.

      Kevin Vandayar - 2013-03-12 15:34

      Was it "poor" Macia last week when he was cutting you off in traffic or giving you the finger?

      Mokgosi Malebye - 2013-03-12 16:47

      He killed 5 kids, I feel nothing for him

  • koketso.ngele.7 - 2013-03-12 15:33

    This guy must be delusional...

  • Bongeka - 2013-03-12 15:36

    The lawyers are just being technical. The fact of the matter is, he was tied up at the back of the van and not put inside for the same reason, to dragg him. And that driver is lying because there was a lot of people surounding the van. So there is no way that the people did not shout and notify him about what was happening behind the van.

  • morgan.pike.33 - 2013-03-12 15:38

    Really.. thats their excuse!? Besides the fact there were crowds of people standing and watching..

  • Mahlodi Caroline - 2013-03-12 15:38

    Get them bail . they are dead. they deserve to die,we dont need such animals in our country. please bring back death penalty.

  • Jacques Shreky Stander - 2013-03-12 15:38

    nonsens........ he knew. secure your vehicle before traveling. driver 101

  • Michele Jenna Rainsford - 2013-03-12 15:39

    When do we know the outcome of this case?

  • andy.beak - 2013-03-12 15:41

    What about failing to call an ambulance and just locking him in the cells? That whole pigshop should get locked up for allowing him to die without medical attention - not just the pigs who savagely beat him and dragged him.

  • Whoo Carez - 2013-03-12 15:41

    Basic K53 Rules: Pre-Trip Inspection. Unless if he bought his drivers license.

  • Chritional Sabelo Sibiya - 2013-03-12 15:45

    Nosense, thats a very lazy excuse. There was 8 police man on the scene, they would have stoped the van without any difficulty if one of them was hooked and dragged along by mistake, but just because they wanted to show the crowed who is the boss, thats y they killed the mozaquan man.

  • Jacques Wilbur Smith - 2013-03-12 15:46

    anybody know anything about the accident or deaths of the 5 (FIVE) SCHOOL CHILDREN???

      Nkosinathi Gezindaba Snr - 2013-03-12 16:47

      Why was it not in the news?

  • Solly Knoetze - 2013-03-12 15:47

    I've seen the whole video. You all will have a different opinion when you see it. he was thug, good his gone.

      Kevin Vandayar - 2013-03-12 15:52

      Let’s be HONEST here people, YES the police were inexcusably brutal and utterly wrong. HOWEVER, when dealing with these thugs aka taxi drivers, a little brutality is required. Taxi drivers feel that they are above the law and therefore a little above the law is require to control them!

      Stephen Mulomba - 2013-03-12 15:55

      I've seen it too, you must be a dumb ass to come up with that conclusion. No disrespect but really now!!!

      Mokgosi Malebye - 2013-03-12 16:53

      Can't agree with you more Kevin

  • Tlou Cruiser Shapo - 2013-03-12 15:48

    Why police do such thing please, commisioner do something about that.

  • Sharon Jayne Rodger - 2013-03-12 15:52

    And pigs will fly in the middle of July!!

  • ztoefy - 2013-03-12 15:52

    Just saw the footage again. The taxi driver resisted arrest and didn't want to get into the van which he was handcuffed to. The Cop obviously went overboard by dragging him behind the but I cannot see how that killed the guy. It sounds like he was beaten more like it when he was in his cell. Either way it's police brutality.

  • NKAISANA - 2013-03-12 15:55

    I wish they were given bail for R1000,000 each like Oscar Pretorius those who cannot afford it they must just stay there untill court case is finished.we would like to see consistancy here

  • Lums Zindela - 2013-03-12 15:57

    Please tell us something else. The van driver knew what was going on because the rear view mirror can show him the door was wide open flipping side-by-side. Why wouldn't he stop, go and close it? nnx

  • Sipho Psyphogenic Mgcwaba - 2013-03-12 15:59

    Whether Macia had been involved in a car accident 5 days before he was killed is irrelevent, the fact is before they dragged him behind that police van he was very much alive. Justice must be served that's I've got to say.

      Erich Goosen - 2013-03-12 16:38

      I beg to differ. The prior accident which cost 5 lives was of such a serious nature that Macia should have been detained and charged in which event he would have been alive today. And although this prior accident is no justification for the actions of the policemen, it is quite possible that it served as provocation which in turn lead to the assault on the deceased. However, there are more questions than answers right now.

  • nwabisa.matomelamolefe - 2013-03-12 15:59

    who is fooling who?????????

  • Nonpopular Newsreel - 2013-03-12 16:01

    Correct me if wrong; but only a citizen of a country has the right to conduct business in the borders of a country; unless by visa such a person is allowed to? The death is not condoned but the simple break down of borders is. If this person has not freely and illegally conducted business in South Africa; he would have been in his country of birth and therefore out of harm's way. For no moment is the actions of the South African Police Services condoned. They have proven only to be an ANC militia with no real concern for the rule of law. On the other hand; we have to admit that South Africa is overrun by African foreigners with a less than civil view of law and order. Set in opposition a militia with an entitlement complex and a foreigner to whom the very context of law is a misnomer and you may find a little pop (in real term) which blows up as a case in point in the lifetime of a civilized nation. Not that any civilized nation can be found on the Southern tip of Africa.

      Stephen Mulomba - 2013-03-12 16:17

      your tone seems to suggest that he was an illegal person in our country. How did you come to this conclusion, or are you just another xenophobic fool hiding behind fancy words. I think we as south africans more than too often bury our heads in the sand and blame all crime on non-southafricans and yet we have our own celebrities killing girlfrinds in toilets, majority of taxi violence is by South African taxi drivers, two thirds of the people in jail vare south africans, 16 year old kid goes and kills a whole family and yet we keep our head in the sand blaming all crime on foreigners, how dumb we can be sometimes.

      Nonpopular Newsreel - 2013-03-12 16:58

      @Stephen. My comment was not so much to lay blame as to highlight problems. Let us be honest, Xenophobia is a term for racism if no whites are involved. But at it's roots, Xeno = Alien and phobia = fear. There is no fear of aliens here, only a realization that reconciliation between the peoples of South Africa is hard enough without the introduction of a third force. As for holding up shining examples of crimes committed here by whites, there by Xhosas, over there by Zulus and a little pinch of Shona; well... Here is the news. The international bankers want this country; they will continue to divide us until we are at war. If you can be proud of your race and learn to live with the other. (Let's just all leave one another alone). Then we can stand up to these Masonic devils who want to take our country for beads. Pride in yourself and your people and recognizing who the real enemy is, is the only hope we have to survive. And please, let's close the borders in order not to contaminate the peoples of SA any further (ideologically).

      Mokgosi Malebye - 2013-03-12 17:07

      Nonpopular you are waisting your time with these Stephen guy, can't you see he is a foreigner himself

      Stephen Mulomba - 2013-03-12 18:26

      Mokgosi u r way off course callin me a foreinger but I'd rather b a foreingner than be a southafrican of your level of interlect. I'm proudly southafrican but have had the privelage of living in six different countries thus exposure has enlightend me to the crap fools like u want to believe. Its sad that despite the incomparable brutality of violence our country is well known for worldwide we as southafricans still hide behind the stupid reasoning that all this crime is by foreigners I mean how stupid can u b.

      pjthesecond.eldest - 2013-03-12 19:46

      Stephen six countries? Been running from the police have you?

      Nonpopular Newsreel - 2013-03-12 20:18

      Stephen, no-one said that all crime in South Africa is committed by foreigners, only that South Africans should not have to put up with any crime committed by foreigners.

  • Thembinkosi Jozie - 2013-03-12 16:12

    Marikana lies again. So if the driver didn't see him behind the van and he thought Macia was inside the van Why did he still locked up the injured man into the police cells? U drag someone by accident but u don't call the ambulance u let them bleed to death? Go burn in hell

  • Joel Mutatavikwa - 2013-03-12 16:21

    Had the driver followed K53 driving rules that you need to perform what is called a Pre- trip Inspection before moving off, he/ she could have seen Mido cuffed at the back of the truck.

  • Tammy Usher Alibaba - 2013-03-12 16:24

    That is nonsense - watch the video again - he was fully aware of them behind - what their lawyers are trying to say is driver of vehicle drove away leaving his fellow workers behind with a suspect and no transport at that speed - BS!!!!

  • Naphtali Khutso - 2013-03-12 16:31

    According to the prelimenary evidence presented in court, deceased was also involved in an accident that killed 5 school children. Now is the represenatives of government going to make a noise about it? Will the incident be published globally? Is the government going to take responsibility like they went public about supporting the child of the deceased? The answer to all of these is no. I know why the government was making noise about the death of the deceased. Because they want to keep a healthy relationship between south africa and mozambique.

      Mokgosi Malebye - 2013-03-12 17:13

      We don't gain anything from Moz., only trouble. They even toyitoyi in our country, you can't do that in their country

  • Kevin Vandayar - 2013-03-12 16:31

    Did anybody take notice of the public, wtf is "Hey, hey, hey, hey!!!" Is the law exempt from a taxi rank?

  • RAMZITO - 2013-03-12 16:50

    The law and its acts are very interesting.

  • Brandon D Ohlson - 2013-03-12 16:57

    i wud like to see how the state prove that the officers had intend to kill that criminal.. murder: the unlawful and intentional killing of a person..

  • Maxwell Motumi - 2013-03-12 17:02

    From the footage that was showen we will never know what really happened until the court can prove beyond unreasonable doubt.

  • Winile Locksmith - 2013-03-12 17:17

    I am sure the footage dnt show the guy refusing to be arrested, Why 9 police went to arrest 1 guy, police are scared of these criminals and we there 1 going to suffer. There areas where police dnt go because of this things. Ordinary citezens should fear breaking the law but they dont because they power ova police

  • tsishange2 - 2013-03-12 17:38

    I think one policeman had a child on those five kids he ran down. come to think of it I would have done the same to him if he had crashed my kid to death with a taxi.

  • André Smit - 2013-03-12 18:06

    Although I do not condone the treatment he received and although I don't support any kind of police brutality, I have to wonder if Karma wasn't out to get this guy. Five children dead.

  • Mosekaseki - 2013-03-12 18:27

    I do not condone this but:: * Why was he still driving after killing 5 kids *Whys wasn't it reported *Why did he resist arrest when he clearly knew he was guilty. The footage show cops struggling to arrest the guy. Its so nice here in S.A you can kill kids and publicly resist arrest (I still maintain the dragging was inhuman but could have been avoided)

      Talailama Phatang - 2013-03-13 08:53

      So this is a revenge? you kill five kids we kill you. You are a police I think, shame on you.