Policemen accused of the death of Daveyton taxi driver Mido Macia appear in the Benoni Magistrate's Court on Monday, 11 March 2013 for their bail application. Macia was filmed being tied to the back of a police van and dragged along a street in Daveyton on February 26. He was found dead in the police station's holding cells several hours later. Picture: Werner Beukes/SAPA/Pool
Benoni - Daveyton taxi driver Mido Macia was in an accident several days prior to his death, the Benoni Magistrate's Court heard on Monday.
“A few days before his death he was involved in a car accident with schoolchildren,” said the lawyer for Thamsanqa Ncema, one of the nine officers implicated in the death.
“Five of them (the children) died as a result. A case of culpable homicide was opened against him.”
Defence lawyer Elias Tshole criticised affidavits submitted by prosecutor December Mthimunye from a taxi association and a community member.
“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.”
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 is currently out on bail for that case.
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 that 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 that 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 filmed being tied to the back of a police van and dragged along a street in Daveyton on February 26.
An eyewitness filmed it.
Macia was found dead in the local police station's holding cells, in a pool of blood and without any pants, several hours later. - Sapa
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