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'Cops did not beat Macia'

OPPOSING SIDE: Police and a picture of Emidio Macia during the bail application of the nine police officers who allegedly killed Macia in Daveyton, Ekurhuleni. PHOTO: ANTONIO MUCHAVE
OPPOSING SIDE: Police and a picture of Emidio Macia during the bail application of the nine police officers who allegedly killed Macia in Daveyton, Ekurhuleni. PHOTO: ANTONIO MUCHAVE

THE video footage taken of the incident - in which a handcuffed Mido Macia was seen being dragged behind a police van - would show that officers on the scene were trying to stop the crowd from assaulting officers and not beating Macia, the Benoni Magistrate's Court heard yesterday.

Advocate Elias Tshole said one of the accused even stopped the driver of the police van to inform him that Macia was hanging from the vehicle.

Tshole said the driver did not see Macia in the rear-view mirror.

Tshole, who represents six of the accused officers, spent the better part of yesterday presenting his closing argument in the bail application after an unsuccessful application to have a video link in an overflow room shut down.

He and Advocate Lokhimbar Dikotope - representing one policeman - tried to convince the court that people who viewed the bail proceedings from another room with a live video feed were inflaming crowds outside.

They claimed this had resulted in an attack on them outside the court premises after Monday's proceedings.

But the magistrate, Sam Makamu, dismissed their application.

Tshole said it was unlikely for the policemen to influence witnesses or tamper with evidence as their case was being investigated by the independent police investigative directorate.

He said the men were suspended from the SAPS and not allowed near the police station.

Meshack Malele, Thamsanqa Ncema, Percy Mnisi, Bongumusa Mdluli, Sipho Ngobeni, Lungisa Ewababa, Bongani Kolisi, Linda Sololo, and Motome Walter Ramatlou, are accused of killing Macia, who was found dead in police cells.

In his closing arguments prosecutor December Mthimunye wanted to know why it had taken up to nine officers to arrest one man.

He said the fact that Macia's jeans were found stuffed between a safe and holding cell at the police station was proof that the police tried to cover up the murder. - moengk@sowetan.co.za

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