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Court grants McBride access to statements

PRETORIA, SOUTH AFRICA Sep 11 2008 10:37

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Ekurhuleni metropolitan police chief Robert McBride on Thursday won his bid to gain access to statements relating to his drunken-driving trial.

In handing down judgement, Pretoria High Court Judge Moses Mavundla said that in his view McBride was entitled to the statements -- made by state witnesses Itumeleng Koko, Stanley Sagathevan and Patrick Johnson.

"It would be incorrect to refuse the applicant access to the documents when he states that he also seeks [them] for the purposes of preparing his defence," said Mavundla.

The judgment comes after the Pretoria Regional Court ordered that McBride was not entitled to the statements made by the chief witnesses in other criminal investigations in which he may be a suspect. McBride then brought a review application to the high court against the lower court and the state.

"Denying him access of the documents would have the potential of negatively impacting on his right to a fair trial," Mavundla said.

He said the refusal by regional magistrate Peet Johnson to allow access to the documents on the grounds that he did not have the jurisdiction to grant such an order was "palpably wrong".

"Although the high court is reluctant to intervene in criminal proceedings that are still pending in a lower court, it would not hesitate to direct a magistrate to order delivery of particulars if the magistrate's refusal would seriously prejudice the accused," he said.

Last year, the National Prosecuting Authority granted McBride's colleagues and witnesses to his 2006 car accident -- Koko, Sagathevan and Johnson -- section 204 status, giving them immunity from prosecution for information relating to McBride's drunken-driving charges.

Outside court, McBride wearing a grey suit, told reporters that he was "satisfied" with the ruling albeit disappointed that it had taken so long.

CONTINUES BELOW

The full judgement (PDF)

Read the full McBride judgement

"I hope the outcome of the other case is similar. I am disappointed that such a basic fundamental constitutional right has to take so long to validate and confirm. This thing should have been sorted out long ago," he said.

Mavundla ordered that McBride be given access to the documents within 15 days from the date of the order and that the state pay the costs of the application.

McBride will return to the dock in the Pretoria Regional Court on September 22 to face charges of driving while under the influence of alcohol, reckless and negligent driving and defeating the ends of justice and fraud.

The proceedings had been postponed pending the outcome of the high court's decision. -- Sapa

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Comments

Good luck, McBright.

Masese Madigoe on September 11, 2008, 1:58 pm

All current high profile cases drag on from one postponement to another with little prospect of them ever being concluded.

grant montgomery on September 11, 2008, 8:22 pm

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