Murder-accused cops must wait for bail

2013-03-11 19:17

Johannesburg - The bail application of nine police officers charged with killing Daveyton taxi driver Mido Macia was postponed by the Benoni Magistrate's Court on Monday.

Magistrate Sam Makamu said proceedings would resume at 08:30 on Tuesday.

Earlier, 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," lawyer for the officers, Lokhimbar Dikatope, said.

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

Elias Tshole, also for the defence, criticised affidavits submitted by prosecutor December Mthimunye from a taxi association and a Daveyton resident.

"The court is not here to satisfy the public's opinion. Instead it is [here] to serve the public interest," he said.

It was mentioned in the State's affidavit by the investigating officer that one of the officers, Thamsanqa Ncema, 35, had a pending case.

"We do not have any pending case. It was dealt with internally," Tshole said.

The State mentioned that Linda Sololo, 56, also had a case pending.

Sololo mentioned the case in his affidavit on Friday. He was charged with defeating the ends of justice and was out on bail.

The nine accused are: Ncema, Sololo, Meshack Malele, 45, Motome Walter Ramatlou, 37, Percy Mnisi, 26, Bongumusa Mdluli, 25, Sipho Ngobeni, 30, Lungisa Ewababa, 31, and Bongani Kolisi, 27.

Mthimunye told the court earlier that an autopsy found Macia had suffered extensive internal and external injuries and had died from hypoxia.

"Hypoxia, I did Google it... it's a deprivation of oxygen," he said.

The autopsy found there were lacerations at the back of Macia's head, on his scalp and jaw, and he had abrasions on his lips, forehead, cheeks, nose, legs, arms, and back.

He also had extensive haemorrhaging in his right lung and in the tissue surrounding his heart.

"There were also bruises on the deceased's genitals."

Macia was tied to the back of a police van and dragged along a street in Daveyton on 26 February.

An eyewitness filmed it. He was found dead in the Daveyton police station's holding cells, in a pool of blood and without any pants, several hours later.

  • Naphtali Khutso - 2013-03-11 20:20

    The prosecutor may succeed to deny bail for the police officers based on Section 60(4)(e)"where in exceptional circumstances there is the likelihood that the release of the accused will disturb the public order or undermine the public peace or security". I say this because the community is angry, and we can see this because they are protesting every day against their release on bail.And the court may take this into consideration.

      Afrikanerbul van Springs - 2013-03-11 21:09

      So, must the court succumb to hooliganism? Do we need the mobs to rule and to decide court cases or is it the job for trained, impartial magistrates? I prefer the latter. Hooliganism and anger should not influence judicial decisions. Period. We are hopefully not a banana republic.

  • david.luis.9822924 - 2013-03-11 22:37

    keep them locked! and preferably with "general population" maybe PAPA can teach them some manners....

  • Thomas Kotze - 2013-03-12 15:04

    Release them cops please, I beg U magistrate release them please. Justice will take care of them on the streets, or should I say the public, There is no justice in this country, I LIKE mob justice its easy and FAST! case closed.

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