Johannesburg -
The trial of nine policemen accused of murdering Mozambican Mido Macia was postponed to next year because they cannot afford to pay their lawyer.
All nine officers have been charged with the murder of Macia, who was found dead in the Daveyton police station in February after he was arrested for parking illegally and allegedly resisting arrest.
Seven of the men tried to hide their faces from the media cameras as they sat in the dock at the Delmas High Court on Monday, where the trial was supposed to start and was set down for three weeks.
A video of Macia being handcuffed to and dragged behind a police van before his death drew international condemnation and resulted in the nine being arrested and suspended without pay.
Defence attorney Benny Ndaba said the Police and Prisons Civil Rights Union (Popcru) had paid for the officers’ bail application in August and that the union was considering funding the legal fees for the trial. However, Popcru pulled out on October 28.
Outside of court, Popcru spokeswoman Theto Mahlakoana confirmed the union would not pay for the trial because they do not pay for legal fees outside of labour matters, and that the payment for the bail application was an “exception”.
Ndaba said he informed his clients that they would either need to pay him for the trial or accept free legal representation from Legal Aid SA, and they refused the latter.
“Where do they intend to get these funds from?” questioned Judge Fayeeza Kathree-Setiloane .
Ndaba said the men’s financial situations would be clearer once an internal SAPS disciplinary hearing, which also began on October 28, had concluded.
The judge also appeared frustrated when Ndaba said he would not be able to proceed over the next few weeks, even if Legal Aid SA paid for his fees.
“I’ve booked other matters,” he said.
“How can you not be available when the matter was set down for three weeks?” the judge asked.
“It’s a bit presumptuous,” she later added.
She postponed the matter until May 26 next year, but warned the men that they would need to inform the court in advance if they would need to change to Legal Aid representation.
Prosecutor Hitler Thenga said the State did not object to the postponement.
Jose Nascimento, the Macia family’s lawyer, said they were disappointed with another postponement. “This just adds to the frustration and continued sadness of the family,” he said.
The Star