Macia had case pending in fatal crash

Reuters

SAPS officers appear at their bail hearing in the Benoni Magistrates Court. The nine policemen pleaded not guilty to murdering Mido Macia, who was handcuffed and dragged behind a police vehicle and later died in police cells. Photo: Werner Beukes / Reuters

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Johannesburg - Mido Macia had a case of culpable homicide pending against him when he died. It related to a car crash in which five children were killed.

This was revealed on Monday in the Benoni Magistrate’s Court by the defence team representing the nine officers accused of murdering him last month.

The crash was brought up by the defence to indicate that they would challenge the post-mortem results produced by the State. They said the doctors did not look into Macia’s medical history, most notably after the crash, which could have accounted for some of the injuries he sustained.

According to the State, two post-mortem results had shown that Macia died of hypoxia, or oxygen deprivation, and suffered severe head and internal injuries. The muscles around his ribs, his left lung and his genitals were all bruised.

The crash was said to have happened “a few days” before Macia died, but no further details were given.

“Can dragging cause the lack of oxygen?” asked one of the defence lawyers, Elias Tshole.

Mido Macias relatives at a Daveyton stadium as they gathered for a memorial service earlier this year. File photo: Bongiwe Mchunu

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He said doctors told him that hypoxia could also be caused by chronic smoking.

Tshole and another member of the defence counsel, Lokhimbar Dikotope, had to be escorted from the court by police officers at the end of the day because of angry protesters waiting outside.

They were upset over comments that the defence team had made earlier in the day about the protest being brought to sway the court’s opinion.

“It appears 95 percent (of the protesters) are unemployed; it appears they have been paid to attend court to influence the outcome,” said Dikotope during his final argument for bail.

The State had opposed bail on the grounds that there was a likelihood that the accused would interfere with evidence or witnesses.

“Material evidence is missing – that the State is investigating – that disappeared on the date (of Macia’s death),” said senior prosecutor December Mthimunye.

He said the accused would have access to evidence and reports due to the nature of their work and that they knew many of the witnesses as some were fellow Daveyton officers.

Initially, the defence team tried to object to an affidavit made by investigating officer Mandla Mahlangu from the Independent Police Investigative Directorate.

The affidavit detailed how Macia was seen in the holding cells lying in a pool of blood, crying, with an open head wound and his trousers removed.

The defence said this document should not be permitted and Mahlangu should have to take the stand to make his statements.

Magistrate Sam Makamu made it clear that, according to the Criminal Procedure Act, affidavits were accepted at the bail application stage.

Mthimunye said the officers should have known the “dire consequences” their actions would have and argued that if they were granted bail, it would damage the faith the public has in the criminal justice system.

He said Macia’s death had “induced a sense of shock among the local and international community” as the crime was committed by the people responsible for citizens’ protection.

The bail application continues on Tueday.

brendan.roane@inl.co.za

The Star