Judgement was reserved on Monday in a bid by Ekurhuleni metro police chief Robert McBride to get access to papers he says relate to his drunken-driving trial.
He claims the statements could help prove that the state’s case in the trial has been ”concocted”.
Pretoria High Court judges Moses Mavundla and Khami Makhafola on Monday reserved judgement on the matter until September 11.
McBride has brought a review application against a Pretoria Magistrate’s ruling that he is not entitled to statements the three chief witnesses in his drunken-driving trial have made in other criminal investigations in which he may be a suspect.
McBride’s trial in the Pretoria Regional Court on charges of driving his official vehicle under the influence of alcohol, defeating the ends of justice and fraud has been delayed pending the outcome of his high court application.
Counsel for McBride Guido Penzhorn SC argued that McBride is entitled to the statements where it could assist him in attacking the credibility and motives of state witnesses in his trial.
McBride insists his three former underlings turned on him because the police organised-crime unit had a hold on them for their involvement in other serious crimes, including attempted murder.
All three had at first exonerated him, claiming he was ”stone cold sober” when he had an accident with his official car in December 2006.
”McBride now says these witnesses made statements while being intimidated and coerced by police … We say these statements are directly relevant to the defence of the accused and why they suddenly incriminated him after exonerating him,” Penzhorn said.
He said McBride needs the statements to prepare his defence as he contends the basic evidence against him has been concocted.
”It is very clear what happened here. No blood alcohol was taken, there was no medical evidence and the accused was removed from the scene. The actual versions of people who say he was drunk are vital,” he said.
Prosecutor Christo Roberts argued that disclosure of the statements should be refused because they are not relevant to McBride’s drunken-driving trial.
He pointed out that the dockets are in possession of the Witwatersrand director of public prosecutions and that even he would have to apply and give proper reasons if he wants access to them.
The Witwatersrand director of public prosecutions said in a statement no decision has been made on prosecution in several of the cases.
It could impede further investigations if McBride is allowed access at this stage, the director said. — Sapa