McBride dubbed evil, arrogant

Former Ekurhuleni Metro Police chief Robert McBride has been described as “an evil person who has shown a disturbing arrogance and disregard for the law”.

Sentencing him to two years’ imprisonment for drunk driving and five years for defeating the ends of justice, two of them suspended for three years, Pretoria Regional Court magistrate Peet Johnson said McBride had played down the seriousness of the case and portrayed himself as an innocent victim.

McBride’s driving licence was suspended for 18 months.

His advocate, Guido Penzhorn, immediately applied for leave to appeal.

In granting leave to appeal, Johnson said although he was not convinced that another court would reach a different conclusion, some points raised by Penzhorn could be argued in another court.

McBride’s bail of R1 000 was extended pending the finalisation of the appeal.

The court had previously found McBride guilty of driving under the influence of alcohol and defeating the ends of justice.

It was found that he was drunk at the wheel when he crashed his state-owned car on the R551 after a Christmas party in 2006.

He was also convicted of defeating the ends of justice, but was acquitted on a fraud count. The fraud charge related to an allegation that he obtained a medical certificate from a doctor that said “no proof of alcohol consumption” could be found.

McBride claimed that, at the time of the crash, he was not drunk, but was suffering from the side effects of medication, and that a colleague, Stanley Sagathevan, was driving his car that night.

Two probation officers’ reports were handed in to court in mitigation of sentence. The magistrate noted that it was not the court, but the defence, that asked for probation officers’ reports. Both probation officers, Joel Maringa and Erna Pieterse, indicated that McBride was a suitable candidate for correctional supervision.

But Pieterse said in her report that McBride had indicated to her that he would not adhere to any programme proposed for correctional supervision, especially if it involved “cleaning animal cages or cutting the lawn at the zoo”.

Johnson said this indicated that McBride would not adhere to any programme imposed by the court.

He told McBride that no one was above the law. “Even you, Mr McBride, are not above the law,” said Johnson, adding that McBride had an over-inflated view of himself.

That McBride had had a change of heart and told the court on Thursday he would adhere to any programme imposed by it, did not mean he would co-operate, Johnson said.

“The court does not believe that your change of heart means that you will attend the programmes.”

The magistrate also criticised the behaviour of McBride and that of his subordinates soon after the crash.

“Your conduct at the scene falls short of what is expected of a senior police officer. Instead of taking action, you just stood there and watched as your officers threatened the public,” said Johnson.

“Their thuggish behaviour was uncalled for, especially against members of the public.”

McBride committed the crimes while he held a senior position in the metro police, Johnson said.

“This position goes with a high degree of integrity and responsibility. You acted in a thuggish manner against members of the public, who are taxpayers and paid for the official car you crashed.”

Johnson said McBride had not shown any remorse and portrayed himself as an innocent victim. He added that McBride lived a life of lies and deceit.

“Instead of coming clean, you did everything possible to cover your tracks… you are indeed an evil person,” said Johnson.

Earlier, Maringa, the Correctional Services probation officer, told the court that McBride would be compelled to attend programmes if placed under correctional supervision.

That McBride had been convicted of drunk driving and defeating the ends of justice did not mean that he did not qualify to be placed under correctional supervision, Maringa said.

A person could be placed under correctional supervision if, among other things, he did not pose a threat to the public and had a fixed residential address, or stable residence.

Maringa told the court that direct imprisonment would not be an appropriate sentence for McBride.

“He can be rehabilitated… there are programmes which can assist him,” he said. - Pretoria News

• McBride has ‘sober personality’

• I don’t have problems with alcohol: McBride

• McBride hears his fate