Port Alfred man’s drunk-driving appeal on the skids

● Porsche speedster fails to have conviction overturned

When a black Porsche with no number plates was seen tearing down a quiet Port Alfred road, police, who had been called out to deal with a fracas at a bar, immediately pulled over and arrested the driver after smelling liquor on him.

But despite Richard Kew doing everything in his power to ensure his conviction for driving over the legal limit was overturned, his appeal was denied last week.

Acting judge Siphokazi Jikela was simply not buying Kew’s story that he had spilt a drink on himself when he got into a fight with the owner of a bar, that the bar owner was behind his arrest and that his blood sample could have been contaminated.

According to court papers, Kew was arrested on June 3 2017 after a high-speed car chase through the popular coastal town.

The arresting officer, identified in court papers only as a Sergeant Witbooi, testified during the trial that he had followed Kew after noticing that the black Porsche he was driving did not have registration plates and was being driven at a high speed, tyres spinning when it took corners.

It was alleged Kew had claimed he had forgotten his driver’s licence at the bar he had just left and that he had refused to comply with police once pulled over.

He said he had got into an argument with the owner of Kenny’s bar and that was when he had spilt his drink.

Witbooi testified he had received a call at 10.30pm informing him to attend to a complaint at Kenny’s bar.

Kew said after playing golf he had met a friend at Kenny’s and had only two glasses of Captain Morgan rum, but before he could finish the second glass he had an argument with the bar owner and this resulted in police being summoned to restore order at the venue.

However, before the police arrived he was escorted out of the bar.

Kew said he had seen three police vehicles parked on the road outside the bar.

He was adamant Witbooi and his colleague saw him when he was being escorted out of the bar.

He claimed the officers were part of the bar owner’s ploy to land him in trouble.

Kew was arrested and taken to a Port Alfred hospital, where his blood was taken after he first refused to co-operate with the doctor on call.

He claimed that when the doctor in question drew his blood he used a syringe which did not come from the blood alcohol kit and that his blood had been contaminated.

Kew further claimed that when he was taken to the hospital for blood to be drawn he had requested his private doctor to do so, but instead was handcuffed to a bed while blood was drawn.

It was claimed that the area from where Kew’s blood was drawn was not cleaned with a medical swab and during the process to take his blood — being handcuffed to a bed — he had become “petrified for his life”.

During court proceedings, Kew admitted he had been unco-operative with police because all they were trying to do was to handcuff him and put him in the back of a police vehicle.

Forensic analysis of Kew’s blood, for which a certificate was submitted to the court as evidence, was not disputed by Kew.

“In light of [Kew’s] admission of the accuracy of the certificate furnished by the forensic analyst, it is difficult to comprehend [the] appellant’s denial that the blood sample analysed was taken from him,” Jikela said.

Kew was convicted on June 29 2018 for driving under the influence as his blood alcohol concentration was four times over the legal limit of 0.05g per 100ml.

He was sentenced to a fine of R6,000, or six months’ imprisonment, of which R2,000, or two months’ imprisonment, was suspended for three years on condition he was not found guilty of a similar offence.

In dismissing Kew’s appeal against his conviction, Jikela also disagreed with his submission that the state should have presented expert evidence to prove that the blood sample and/or kit were free of contamination.