mcbride appeals to the high court

Picture by Peggy Nkomo. 24/04/2008. © Sowetan.
Picture by Peggy Nkomo. 24/04/2008. © Sowetan.

Sipho Masombuka

Sipho Masombuka

Ekurhuleni Metro police chief Robert McBride is to lodge an appeal in the Pretoria high court against the dismissal of his application to access statements by witnesses.

This after the magistrate, Peet Johnson, dismissed the application for the second time in the Pretoria magistrate's court yesterday.

McBride's defence team wants all statements made by state witnesses in other cases being investigated against McBride.

The state did not oppose leave to appeal. Johnson postponed the case to July 28 to allow for the appeal process to take its course.

In dismissing the application Johnson argued that McBride was not entitled to the statements because they (the statements) did not form part of the case in court.

"There is no point in granting the order because the witnesses in question have already testified on the matter in this court," he said.

The statements were made by state witnesses in cases of drunken driving, fraud and defeating the ends of justice against McBride.

Prosecutor Christo Roberts told the court that the statements related to 18 cases, in some of which McBride was a suspect.

Roberts dismissed the application as a "fishing expedition".

McBride's senior counsel, Guido Penzhorn, said the disclosure was important for a fair trial and he believed the statements would assist McBride's defence.