Judgment in Macia cops’ murder trial expected next week

THE EIGHT former Daveyton policemen accused of murdering Mozambican taxi driver Mido Macia will know their fate on Tuesday.

Judge Bert Bam in the high court in Pretoria yesterday listened to arguments from the State and the defence and indicated that he would be able to deliver judgment in a week’s time.

The State called for the eight to be convicted of murdering Macia on February 26, 2013 after he was dragged through a Daveyton street behind a police van.

It argued that Macia had been cuffed to the leg of a bench in the back of the van and dragged behind the vehicle on purpose.

But the accused claim Macia’s handcuffs became entangled with the foot of the bench and that he jumped out of the police van. In their version it was an accident for which only Macia could be blamed.

Prosecutor Charles Mnisi argued it was a series of events which led to Macia’s death and not only the dragging. He must have been severely assaulted inside the police cells, as he died two hours later. He was found lying on the floor of the cell in a pool of blood.

Mnisi said Macia was a healthy 25year-old when he was apprehended by the accused a few hours before his death. He was in fact so healthy that it took a few policemen to load a kicking Macia into the back of the van, he told the court.

“The doctor who did the autopsy said the totality of the injuries contributed to his death. The question remains which injuries did he suffer in the cell?” Mnisi asked.

Judge Bam pointed out that, according to the doctor, the injuries he suffered to his private parts were due to direct contact with the area. There was, however, no evidence about how he suffered this, he pointed out.

Mnisi said the State could not produce direct evidence as to who was responsible for Macia’s death, but he argued that all the accused should be convicted of murder on the doctrine of common purpose.

Footage filmed with a cellphone depicted Macia being loaded with force into the police van and later being dragged behind it, but there is not evidence as to what happened in the cell.

The cell commander testified that he heard Macia screaming and he heard something which sounded like slaps, but he couldn’t see anything.

Judge Bam questioned who inflicted the injuries and who should be held responsible.