 Read the full McBride judgement  |
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.
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Source: Mail & Guardian Online
Web Address: http://mg.co.za/article/2008-09-11-court-grants-mcbride-access-to-statements