South African police chief McBride orders
'blood switch' to escape drunk driving charge

Legal fees climb past R2.3 million

By Graeme Hosken
Independent On Line

EKURHULENI, South Africa — Police chief Robert McBride's legal fees to a Durban-based firm of attorneys have cost ratepayers more than R2,3-million so far. This has been claimed by Ekurhuleni councillor Izak Berg, who also chairs the Independent Ratepayers' Association of South Africa. Berg on Monday called for an investigation into the "manner in which companies and people were being appointed by the metro to act on behalf of McBride" — which he said was a waste of taxpayers' money.

Ekurhuleni Metro Police chief Robert McBride is facing a range of shocking allegations surrounding the car accident that he was involved in last December in Centurion.

According to the charge sheet presented to Magistrate Peet Johnson in the Pretoria magistrate's court on Friday McBride had, among other things, requested a medical doctor to draw blood from a subordinate and to send it for alcohol analysis under his name after the accident.

McBride was allegedly under the influence of alcohol at the time of the accident that occurred while he was returning home from a year-end party. He was on Friday whisked by high-ranking provincial police officials into courtroom 1, where he stood before Johnson for his appearance that lasted less than 20 minutes.

The Ekurhuleni Metro Council said in a statement that it respected the NPA's decision to pursue legal action against McBride. But they would only comment at a press conference called for Monday on the matter.

Diane Kohler Barnard, the Democratic Alliance MP for safety and security, said McBride lacked sufficient dignity of office to step down from his position as police chief of his own accord.

"It must then fall to his supervisors to insist that he does so with immediate effect. We also want to know why the three Metro cops accusing McBride of intimidation have been suspended, but McBride appears to have escaped that fate.

The long-term damage the debacle was having on the public's faith in law enforcement cannot be under-estimated, said Kohler Barnard.

The police chief is facing three charges, including driving under the influence of alcohol, defeating the ends of justice and fraud. Alternative charges to driving under the influence of alcohol and fraud are charges of reckless and negligent driving, conspiracy and incitement.

McBride was granted R1 000 bail and urged by Johnson not to make any form of contact, "whether direct or indirect", with his subordinates, Inspector Stanley Sagathevan, Superintendent Itumeleng Koko, Senior Superintendent Patrick Johnston and Dr Inbanathan Sagathevan.

McBride's three colleagues are embroiled in a legal battle against him. According to the charge sheet presented to Johnson by senior State advocate Christo Roberts, McBride is alleged to have defeated the ends of justice by asking Dr Sagathevan to draw blood from Sagathevan, and to send it for alcohol blood analysis under the accused's name.

The charge sheet states McBride defeated the ends of justice by trying to get "various medical doctors to issue a false medical certificate on his behalf stating that he was sober at the time and that he was suffering from hypoglycaemia". Hypoglycaemia can occur as a result of diabetes.

The charge sheet reads that McBride persuaded Dr Sagathevan to furnish him with consultation notes in which it was stated that the accused's medication for diabetes had been increased. These were given to a Dr T Padayachi, a KwaZulu-Natal chemical pathologist, who issued a report based on the notes, stating that McBride might have suffered from hypoglycaemia.

It also alleged that he instructed a subordinate to tell a witness not to submit a statement or co-operate with police in their investigation; and, that he had Inspector Sagathevan intimidate the investigating officer by instructing him to go to the policeman's house and take photographs of his wife and children.

Under the count of fraud the State alleges that McBride committed the act by lying to the Independent Complaints Directorate and the State by saying that he had been examined by a medical doctor who found him to be sober and suffering from hypoglycaemia. The police chief was unavailable for comment, as was his attorney, Tebogo Mathibedi.

McBride is to appear in court on November 8 for trial.
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