The "blue-light" policeman who shot at an elderly motorist while transporting President Jacob Zuma was acquitted of attempted murder and malicious injury to property yesterday. A magistrate ruled that the evidence of the sole witness, his 84-year-old victim, was "seriously lacking".
Durban Regional Court magistrate Fariedha Mohamed said, however, that she had not gone into the merits of the matter, "and nor does this court find the actions of the accused were justified". Superintendent Muzingaye Mxolisi Dladla, of the Presidential VIP protection unit, was charged following the incident involving retired policeman Dirk "Dan" Matthee on the Southern Freeway on June 5 2008.
Matthee, who is hard of hearing, said he had been driving in the fast lane that day when a vehicle with a blue light and siren had come up behind him, flashing its lights.He claimed he could not move over because of heavy traffic. The vehicle then cut in front of him and someone on the passenger side had sat on the frame of an open window and shot at his car, shattering the windscreen.
Evidence before the court was that Dladla had been traced because he had made a report - compulsory when a police officer discharges a firearm - which was logged at Durban Central police station. In it, he said he had been the head of a convoy transporting Zuma from Durban International Airport when a motorist had displayed aggressive behaviour by refusing to move over. He said he fired a single warning shot with his 9mm Uzi, as was standard procedure "when an attack is imminent on a VIP". In a later statement to police - also handed in to court - he claimed the driver had verbally insulted the convoy, made rude gestures and waved a gun - all of which Matthee denied under cross-examination. According to a ballistics report, Matthee's vehicle was shot three times. Dladla did not testify or call any witnesses.
Yesterday, prosecutor Mark Dyson argued that Dladla should be convicted on his own version, as reflected in the shooting report and statement to police. "There was nothing to suggest an imminent threat," he said. Defence advocate Pingla Hemraj, SC, said the State had failed to prove that Dladla had intended to kill or cause damage, and complained that her cross-examination of Matthee had been hampered because of his hearing problem and reluctance to answer certain questions. Giving judgment, the magistrate said the "cautionary rule" applied to a single witness and, although hard of hearing, Matthee had seemed "sprightly and of active mind". "Although he testified well, he became evasive under cross-examination ... he became highly defensive at certain questions."
Matthee's refusal to acknowledge that any of the three statements he gave to police had been free and voluntary, led to the inference that there were vital discrepancies which he did not want the court's attention to be drawn to. "He testified that if he had seen that it was a police vehicle (behind him) he would have got out of the way, but he did not because there was no police insignia. This is indicative of a defiant and non-compliant attitude." Finding Matthee's evidence "far from satisfactory" and the State's case "seriously lacking", Mohamed acquitted Dladla on both charges.
The Mercury believes that the office of the director of public prosecutions in the province will consider appealing against the decision. Contacted for comment yesterday, Matthee was unperturbed. "It's one of those things. I was expecting it. These things happen in the world today," he said.
Source: IoL
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