/ 10 July 2007

Court hears plea for McBride restraining order

Three Ekurhuleni metro police brought an application in the Johannesburg High Court on Tuesday for a restraining order against their chief, Robert McBride.

Judge Moroa Tsoka was hearing an application late on Tuesday afternoon.

According to court documents, the notice of motion and founding affidavits of the application were served on McBride’s secretary on July 1.

The application was being brought by Ekurhuleni metro police chief Superintendent Stanley Segathevan, Chief Superintendent Patrick Johnston and Superintendent Itumeleng Koko.

They were present at the scene of a car crash involving McBride earlier this year. They have reportedly been harassed and victimised since making a statement about the incident.

Their legal representative said they were applying for a restraining order to prevent any further forms of harassment, intimidation and assault. The order would prevent McBride from coming within 100m of the three men.

While there were no lawyers representing McBride in court, it was understood that they had filed replying documents.

Call for suspension

On Friday, the Ekurhuleni metro said it did not understand the basis of a call for the suspension of McBride made by the Democratic Alliance, and said it believed any allegations against him should be tested first.

”We don’t understand the basis of that call and how they came to that conclusion,” said mayoral spokesperson Prince Hamnca. ”These are allegations and they remain allegations until they are tested. People should respect the process. It is in the hands of the police and we will cooperate with whatever process [there is].”

The DA said McBride should be suspended if the metro’s police were to have any credibility.

”If he is not suspended, then the perception will exist that any investigation of his activities will be tainted as he will be able to use his official position to intimidate witnesses or tamper with evidence against him,” said the party’s safety and security spokesperson John Moodey.

The mayor, Duma Nkosi, has previously said that McBride is innocent until proved guilty ”by credible institutions created by our democracy”. — Sapa