8 cops who dragged Mido Macia lose appeal

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Pretoria - The eight former Daveyton police officers convicted of murdering Mozambican citizen Mido Macia have lost their appeal after a lengthy legal battle of nearly five years to clear their names. Macia was dragged behind a police vehicle and later died in his cell after he was further assaulted. The officers were each sentenced to 15 years imprisonment in August 2015, in the Gauteng High Court, Pretoria. Judge Bert Bam at the time found that they acted with a common purpose as they knew their actions could lead to Macia’s death. The eight - Meschack Malele, Thamsanqa Ngema, Percy Mnisi, Bongumusa Mdluli, Sipho Ngobeni, Lungisa Gwababa, Bongane Kolisi and Linda Sololo - briefly received a lifeline when the Supreme Court of Appeal eventually granted them leave to appeal.

Judge Bam had initially refused them permission.

But a full bench of three judges now said the judge was correct in convicting them of murder.

Five judges of the Supreme Court earlier concluded that the group stood a reasonable chance of succeeding with their appeal.

One of the issues that the court questioned at the time was whether all the accused should have been convicted on the doctrine of common purpose.

They were all dismissed from the SAPS following a disciplinary hearing. They were linked to the events on February 26, 2013 by a video of the incident made by bystanders, which went viral.

Macia had been arrested near a taxi rank in Daveyton by police for illegally parking his taxi and causing a traffic jam.

Handcuffs placed on him became attached to a steel bench in the back of the police van.

The vehicle drove off with Macia still attached to a bench in the back of the police vehicle, with part of his lower body on the ground behind it.

He was dragged behind the vehicle for about 200m en route to the Daveyton police station.

On arrival at the police station he was unconscious and placed in a holding cell. He died a few hours later.

It was found he was further assaulted by some officers while in the holding cells.

The trial court found the former officers guilty on the basis that the State proved that they all participated in Macia’s arrest when he was assaulted. They were also all aware before the van drove off that the cuff around his wrist was clenched to the bench inside, while he was outside the back of the van.

They also all knew that if he was dragged around the tarmac, he could suffer fatal injuries. Apart from this, they knew that the further assault on him later in the holding cells could result in his death.

The eight, however, from the start held that they never acted with the common purpose to kill him.

But three judges now, in a lengthy judgment, said if one looked at all the evidence, it was clear that they were acting in unison when they violently subdued him after they had arrested him, dragged him along the street and later further assaulted him in the cell.

The judges said they agreed with each other's actions and not one of them came to his aid.

They collaborated with each other to cause him harm, which they knew could lead to his death.

They were indifferent about the outcome of his fate and they were intent on harming him.

They were also intent on subjecting him to inhumane and cruel treatment and they thus deserve their convictions and subsequent punishment, the judges said in turning down their appeal.

Pretoria News