For four of the eight former cops convicted of murdering Mozambican-born taxi driver Mido Macia the hope of an appeal is still alive.
The acting president of the Supreme Court of Appeal (SCA)‚ judge Lex Mpati‚ ordered the court to reconsider their application for leave to appeal on Tuesday.
The Superior Courts Act of 2013 allows for the president of the SCA‚ on his own or on application‚ to refer the decision taken by the SCA to the court for reconsideration and‚ if necessary‚ variation.
Meshack Malele‚ Sipho Sidwell Ngobeni‚ Linda Sololo Bongani Kolisi and four others were convicted of Macia’s murder in August last year and sentenced to 15 years behind bars in November.
Macia died in a Daveyton police cell hours after being handcuffed to a police vehicle and dragged through the streets of the township.
Malele‚ Ngobeni‚ Sololo and Kolisi’s applications for leave to appeal against their murder convictions and sentences were dismissed in the North Gauteng High Court in Pretoria in December. In May two members of the SCA also rejected their application for leave to appeal‚ but the court must now reconsider this decision.
In a written judgment Mpati said: “I have grave doubts‚ with respect‚ about the appropriateness of the trial court’s application of the doctrine of common purpose in the case before it. In my view a correct application of the doctrine … might well yield a different result than a murder conviction.
“The trial court accepted‚ for example‚ that accused 2 and 8 attempted to assist the deceased when the bakkie to which he had been attached drove off and dragged him‚ by lifting his legs off the ground‚ but then let go of him when the bakkie accelerated.
“Yet‚ the court found that the two officers’ initial attempt to assist the deceased ‘did not remedy their situation or justify their conduct of not doing anything else’. Their attempt ‘was of no avail to them and cannot absolve them’‚” the court said.
“I also question the trial court’s conclusion that the applicants’ form of intent was dolus eventualis. In my view‚ another court might find differently.”
Mpati then referred to the successful application for leave to appeal to the full bench of the high court by Bonginkosi Mdluli‚ who was also convicted and sentenced to 15 years for Macia’s murder‚ in May.
“In my view‚ and considering what has been said above‚ a grave injustice may otherwise result were I to refuse to refer the decision of 3 May 2016 dismissing the applicants’ application for special leave to appeal to the court for reconsideration and‚ if necessary‚ variation.”
Mpati directed the four men to submit copies of their respective and original applications for leave to appeal to the SCA within one month.
All hope not lost for Mido Macia murderers seeking appeal
For four of the eight former cops convicted of murdering Mozambican-born taxi driver Mido Macia the hope of an appeal is still alive.
The acting president of the Supreme Court of Appeal (SCA)‚ judge Lex Mpati‚ ordered the court to reconsider their application for leave to appeal on Tuesday.
The Superior Courts Act of 2013 allows for the president of the SCA‚ on his own or on application‚ to refer the decision taken by the SCA to the court for reconsideration and‚ if necessary‚ variation.
Meshack Malele‚ Sipho Sidwell Ngobeni‚ Linda Sololo Bongani Kolisi and four others were convicted of Macia’s murder in August last year and sentenced to 15 years behind bars in November.
Macia died in a Daveyton police cell hours after being handcuffed to a police vehicle and dragged through the streets of the township.
Malele‚ Ngobeni‚ Sololo and Kolisi’s applications for leave to appeal against their murder convictions and sentences were dismissed in the North Gauteng High Court in Pretoria in December. In May two members of the SCA also rejected their application for leave to appeal‚ but the court must now reconsider this decision.
In a written judgment Mpati said: “I have grave doubts‚ with respect‚ about the appropriateness of the trial court’s application of the doctrine of common purpose in the case before it. In my view a correct application of the doctrine … might well yield a different result than a murder conviction.
“The trial court accepted‚ for example‚ that accused 2 and 8 attempted to assist the deceased when the bakkie to which he had been attached drove off and dragged him‚ by lifting his legs off the ground‚ but then let go of him when the bakkie accelerated.
“Yet‚ the court found that the two officers’ initial attempt to assist the deceased ‘did not remedy their situation or justify their conduct of not doing anything else’. Their attempt ‘was of no avail to them and cannot absolve them’‚” the court said.
“I also question the trial court’s conclusion that the applicants’ form of intent was dolus eventualis. In my view‚ another court might find differently.”
Mpati then referred to the successful application for leave to appeal to the full bench of the high court by Bonginkosi Mdluli‚ who was also convicted and sentenced to 15 years for Macia’s murder‚ in May.
“In my view‚ and considering what has been said above‚ a grave injustice may otherwise result were I to refuse to refer the decision of 3 May 2016 dismissing the applicants’ application for special leave to appeal to the court for reconsideration and‚ if necessary‚ variation.”
Mpati directed the four men to submit copies of their respective and original applications for leave to appeal to the SCA within one month.
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