Three people have been granted immunity from prosecution for information on drunk-driving charges against Ekurhuleni metro police boss Robert McBride, the National Prosecuting Authority (NPA) said on Friday.
“Our position is that we have three persons whom we will treat as section-204 witnesses,” said NPA spokesperson Tlali Tlali said. “That status is in respect of their collusion on the drunken-driving case [against McBride], soon to be heard in the court of law.”
He said a section-204 witness is someone who was involved in criminal activity under investigation, and who has come forward to give information or evidence on another crime. “In respect of that crime under investigation, [they] will not be prosecuted if they testify truthfully and honestly.”
Tlali declined to name the three individuals.
The Mail & Guardian on Friday reported that three metro police officers who will testify against McBride in November — on charges of driving under the influence of alcohol, defeating the course of justice and fraud — are criminals involved in cash-in-transit heists.
The M&G revealed the contents of a secret videotape of a consultation between Saleem Ebrahim, the three officers’ lawyer, and an unknown client at Ebrahim’s office in Fordsburg, Johannesburg. The recording was made a week ago and reveals that Ebrahim himself is allegedly involved in the bribing of Johannesburg cops.
Ebrahim has been defending Stanley Sagathevan, Itumeleng Koko and Patrick Johnson since they applied for a protection order against McBride and other senior staff. The three were close to McBride, but turned against him when they submitted affidavits to the police alleging a cover-up of McBride’s controversial car crash in December last year.
It has now emerged that the three were themselves involved in serious crimes, which their lawyer and police knew about, but managed to obtain indemnity from prosecution by turning state witness in the drunk-driving case.
McBride concerned, not surprised
McBride said on Friday he was concerned about the legalities of the case and therefore would not comment on the report in the newspaper. “All these issues will play themselves out in court,” he said.
His lawyer, Roshan Dehal, said McBride was not surprised by Ebrahim’s revelations.
“My client is not in the least surprised at the revelations made by attorney Ebrahim, as the nature, quality and gravity of the available evidence both in favour of Mr McBride’s defence and as against the three metro police officers all corroborate the correctness of what Mr Ebrahim concedes, or has alluded to,” he said.
Dehal said the men’s statements to the police were clearly suspicious, questionable and contradictory. He said they had only been made after they had a “fall-out with McBride, and well after they made several statements exonerating McBride, and generally to McBride’s defence”.
He said that given what the M&G had reported, “it was clear that they [the metro police officers] have lied to the police, on an apparent indemnity from the police on their own criminal activity”.
“They cannot enjoy a blanket indemnity on their various serious criminal transgressions only so that they testify against McBride in a single car-accident matter, but if this is true, then that in itself bears testimony to the state being hell-bent on prosecuting McBride,” said Dehal.
Gauteng police are investigating the reports that the men are involved in illegal activities. “We’ll look into the matter,” Director Govindsamy Mariemuthoo said on Friday.
Ekurhuleni metro mayoral spokesperson Prince Hamnca said there are a number of issues being investigated surrounding the three suspended metro officers. There is an internal process that is “sub-judice”, he said.
Hamnca would not comment on the M&G report that the men are facing a disciplinary hearing on Monday regarding the attempted murder of heist suspect Marco Singh.