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Sat May 26 06:53:20 SAST 2012

Cops 'bungled' booze test in joggers tragedy

CHANDRÉ PRINCE | 01 November, 2011 00:51
Sibusiso Langa is out on bail of R80000 Picture: SIMON MATHEBULA

Police bungling could hamper the prosecution of the man who allegedly drove while drunk and killed five joggers in a horror accident in Midrand 10 days ago.

The Times has reliably established that police officers at the scene of the accident - in which four women and a man were killed - failed to draw blood from driver Sibusiso Langa within the prescribed two hours.

At least two sources close to the investigation have confirmed that Langa's blood was drawn about four hours after the accident, which was at the intersection of Olifantsfontein and Lever roads, in Midrand, on October 22.

The delay, they say, was partly due to confusion about in whose jurisdiction the crash took place. It occurred halfway between Johannesburg and Pretoria.

There was also confusion about where the motorist should be taken for his blood to be drawn.

Though statements by witnesses at the scene are yet to be finalised, officials said the "mess" by the officers would not only affect the prosecution but would also further traumatise the dead runners' families.

One official, speaking on condition of anonymity, said: "This is not good. With so many deceased, one would have expected the police to be extra cautious and follow the law to the letter. Tests conducted as prescribed by law are a gem for the prosecuting team."

Earlier, reports alleged that Langa had tried to walk away from the carnage and that he was so drunk he had to be reminded that he had driven into the joggers.

Langa, 43, a mechanical engineer, faces five charges of murder, one of attempted murder and another of drunk-driving.

He allegedly ploughed into the runners after losing control of his Mercedes-Benz ML500.

Moroese Mokoatsi, 34, Reneilwe Lesenyeho, 31, Given Mills, 30, Isaac Tlale, 37, and Nomvula Dumako, 35, were killed in the crash. They were all buried at the weekend.

The only survivor, Khanyiswa Stengile, was admitted to Fourways Life Hospital and underwent extensive surgery.

Another official alleged that, though it was certain that Langa's blood test would show an alcohol level above the legal limit - he was allegedly "very dronk " - investigators were engaged in extensive "damage control" to firm up the prosecution's case.

"There is no doubt that he was very dronk; it's just a case of how much over the limit he was. He will not escape this," the official said.

A Justice Department insider said that, though there could be repercussions about the delayed tests, all was not lost because there was other evidence, including statements by witnesses and paramedics at the scene of the accident.

"We have prosecuted many drunk-driving cases, some very similar. The court has in the past accepted witnesses' statements as evidence," said the Justice official.

A relative of one of the slain runners, who wanted to be identified only as Pinkie, said it would be a travesty if Langa's blood had not been drawn until four hours after the crash.

"That would be negligent, especially if it will have a negative impact on the case," she said.

Pinkie said the families were still battling to come to terms with their loss and the purported bungling was a further setback.

Private forensic consultant David Klatzow said such a bungle would put the state in a "very difficult" position.

"It's beyond belief that they would stuff-up like that. The blood test has to be administered at [most] two hours from the last time of driving in order to create a presumption."

But Klatzow agreed that all was not lost because, from reports on the incident, Langa appeared to have been "substantially drunk".

He said that though the two-hour timeframe was crucial to blood-alcohol testing, the body metabolised alcohol at a rate of 10% every hour.

Langa was on Friday granted R80000 bail. He will reappear in court on November 25.

As part of his bail conditions, Langa, who also holds US citizenship, had to surrender his passports and his driver's licence.

The National Prosecuting Authority was unable to respond to questions at the time of going to press.

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BornintheRSA

Posted 206 days ago
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The cops must be disciplined. This is not the first time a similar case of negligence is reported. THey should know the process. Discipline them to ensure there is no corruption involved and also to encourage other cops to do their duty.

Daffy

Posted 206 days ago
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why are we surprised, where there is no bribe Police will bungle it up. and wehere there is a bribe Police will proffesionally cover it up. you draw your conclusion from which cases I draw mine.

ooooooooo

Posted 206 days ago
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Like almost every government department the Police are totally incompetent. I recently had a burglary and six officers turned up to investigate. None were able to speak or write properly and it took two hours to record a report which would take a 10 year old fifteen minutes. Most court cases are hampered by sloppy police work. Many criminals remain in society because of this sad state of affairs. The leadership in SA either have no clue about quality performance or they do not care or both.

bis_k'hallawaya

Posted 206 days ago
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........and this irresponsible moron is lucky to be in SA and escape his crime easily...In the US he would be shot trying to dodge the cops....

the_original_MommaCyndi

Posted 206 days ago
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I cannot imagine what this man is going through. To know that your own stupidity caused so much pain and suffering must be hell.

Why can't the paramedics be given authority to draw blood at an accident scene? Surely that would be a lot more practical.
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grant99

Posted 206 days ago
I agree with you. The man will have to live with this for the rest of his life. Just after the accident I posted on news24 that I and nearly everybody I knew had driven whilst under the influence at some point in their lives. Well the hate responses I got took me by surprise. One was, "I hope he rots in jail and you join him. You seem to be quite proud of drinking and driving".

MisterWendal

Posted 206 days ago
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Wouldn't it be worse for the motorist if he were not drunk?
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ooooooooo

Posted 206 days ago
Very good point?
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MrJikelele

Posted 206 days ago
Good point.... maybe the dumb cops should place the onus on this @rsehole and have him prove he was sober.
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AMS-Dammer

Posted 206 days ago
If he was NOT DRUNK.... I doubt he would have had the ACCIDENT!!!

pik_it_up

Posted 206 days ago
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he doesnt look very healthy, bet you along with the alcohol they might just find some virus
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Mnbvcxz0

Posted 206 days ago
How did you make the connection?, If that's how you decide if someone is viral or not then you may also need to be checked!
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grant99

Posted 206 days ago
In the 80's I was told by a gay that as a precaution that in gay bars it was now best to avoid slim men...

buddi

Posted 206 days ago
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Duh, very confussed, don't know what to do? Why are we not surprised.

Rightway

Posted 206 days ago
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"due to confusion about in whose jurisdiction the crash took place"

...

Very confused. We are not talking rocket science here of which you have every right to be confused of. We are talking about.. where you work. Do you know where you work and what is your jurisdiction.. if not ..why not. Did you not go to the Police training Academy.

Do your job first irrespective and then hand over to the rightful Police Station. Do not look for a reason not to do your job. What is wrong with you? Did your mother not teach you a work ethic. Stop talking rubbish and start working. I the tax payer demand that you work effectively and efficiently or else send you wife to work and you stay at home and look after the babies. Oh they are also not your jurisdiction. I give up.
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the_original_MommaCyndi

Posted 206 days ago
Its not that easy.

Sometimes it comes down to something as petty as which side of the road the accident took place. If the cops then do the paper work in the wrong station or get the wrong hospital to do the tests, there is all sorts of problems. Its bureaucratic BS on steroids.

VUKUZENZELE

Posted 206 days ago
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The SAP Members involved are guilty of the CRIME of "Defeating the Ends of Justice" purposely delaying the course of investigation and therefore is guilty as an acessory of the crime before and after the Fact and now the next of kin has the full might of the law behind them to sue the the Government for negligence for Millions of Rands.
ALL Police Members?aspirant members should go for a psychometric evaluation before the are passed to serve as Public servants,as a matter of fact ,ALL Nurses,and other emergency personal should do these tests to see if they are mentally and psychologically capable of doing the Work.
This is actually where self respect and the sense of IRRESPONSIBILITY comes in to the picture and last mentioned is not part of the psyche of the MAJORITY of the Majority population of this country. "All i care is ,I`ve got a JOB and get my pay weather i work or not"
This goes for NURSES as well. and they are SH!T scared to give evidence in any court,hence the bungling of all cases resulted by the low intelligence levels exhibited by these officials,RATHER take BRIBES.This goes for NURSES as well.
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ooooooooo

Posted 206 days ago
I agree with you wholeheartedly. The problem is that if they do the tests you recommend I believe that at least 80% of all civil servants will be found wanting. The civil service has nothing to do with service delivery it has everything to do with a tool for the ANC to reward people for their votes and the votes that they influence through various abuses of the system. This is however not sustainable and will e4ventually cause a total collapse of the civil service. Some say it has already collapsed beyond repair. Sad but true.

dwnwitjuju

Posted 206 days ago
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WTH is "dronk"? DRUNK is actually the term
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Mnbvcxz0

Posted 206 days ago
You are smart, well spotted. Are you in grade 5?.
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CarelSteenekamp

Posted 206 days ago
Are you DRONK, juju, or just DOM?

zwelinapster

Posted 206 days ago
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Such development reminds me of Mandoza case. Could it be the same explanation as well?

I refuse to believe that at a such horrific crash and crime scene cops can act so incompetently.

ooooooooo

Posted 206 days ago
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Mnbvcxz0

Posted 206 days ago
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Bob Marley, that great prophet, once said, "none other than ourselves can free our minds, emancipate yourself from mental slavery". Slavery ended centruties ago, apartheid (the system of seperate development) ended in SA. So what makes Blacks trod behind other nations when it comes to peronal emancipation?. The answer lies in what I call persisting lies. Albert Einstein said reality is an illision, though a very persisting one. The question is who benefit when Blacks are kept behind? Unable to dismantle the shackles? The answer is the very same people who profess to liberate them!. If you are down trodden, you are likely to look outside of yourself for relief, Alcohol is one. Politicial is two. Superstar pastors is three. All three guys will offer quick and often temporary relief. They all take your money. They all have great promises. You always regret courting them but you can't resist to go back for another sip, another vote and another donation.
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muk1

Posted 206 days ago
@Mnbvcxz0
You are a wise person. Alcohol kills more people than cars and also destroys lots of homes. Although Manto, our past health minister, is remembered for her mad AIDS policies; she must be credited for the strict smoking policies.
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muk1

Posted 206 days ago
@redcoat

There is a fine line between personal infrigments and state responsibility. This debate will continue like nature and nurture debate. You cannot have a 12 yr old smoking a packet a day; so it curtail this madness laws are passed. The smoking laws that prevents smokers smoking on planes, movies and other confined areas was long overdue. Drinking alcohol makes lots of people act and do stupid things.
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Rightway

Posted 206 days ago
"Alcohol is one. Politicial is two. Superstar pastors is three"

.....

@Mnbvcxo good points. However all superstitious beliefs are copt outs. Including the Rastafarians. To get closer to god they smoke weed. The only answer is education.
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RedCoat

Posted 206 days ago
@muk1,

I would of given her credit for the outright banning,............
And yes some of the restrictions were overdue, only some.

@Ed ????????? come on! really?

Mnbvcxz0

Posted 206 days ago
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@Rightway - I believe there is a line between a man and what people believe about the man. Did he say "smoke weed and be emancipated?". No?. Then why let the smoke of misconception stop you from seeing the truth of the man?. I don't smoke weed but this one saying has uncovered a lot of truth for me and a million others around the world, piercing through racial lines. It's like if Satan came to you and said 'Jesus is Lord!", you'd probably say no He is not!.

ShLace

Posted 206 days ago
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Awwww C'maaan Times Live. A little bit of Science and A little bit of Math can totally tell the courts the blood alcohol amount there from the figures they obtained in the Fhuckers system @ 4 hrs after the crash.
Humanity has come up with enough math & stats formalae to work this one out without making such a big deal of. If it is possible to predict how drunk you will be based on your body weight and gender, then the reverse process of prediction (regression), are totally reliable and in order.

But I see the point. He killed 5 people and any bit of exposure about this creepy drunk is welcome.
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zwelinapster

Posted 206 days ago
Of course the amount of blood in the alcohol.. oops... I meant the amount of alcohol in the blood can be extrapolated and re-calculated back to the time of accident even if blood sample was taken later than the crucial 2 hours taking into account all factors - age, weight, gender, how much time has passed between the accident and the time the blood was taken etc.

The question is - would that be admissible and acceptable as a hard evidence in court of law since it is not done as the law stipulates? My guess would be: No.
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ShLace

Posted 206 days ago
Through an expert witness, I think the evidence is admissible.

Remember how our President was acquited on the rape charges through a similar process. The Pscyhologist who gave her 'expert opinion', did not think it was possible for the complainant to remember 'that much info' if she was 'frozen' as she claimed to be. And yet there is overwhelming empirical evidence to the contrary.

THANDY

Posted 206 days ago
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I listened to Chris Gibbons after i have read the storry , to me it seems whoever liked the story didnt have all the facts of what happened before the case was later opened, he/she didnt know that two cases were opened at different police stations after the blood test was taken although im not sure who to believe as Langa seem to be such a wealthy man i wont be suprised if it was intentionally done as a favour to him sothat he can pay later , i will do the same in her shoes and deal with the conscious later.

THANDY

Posted 206 days ago
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PLS IGNORE DE HER IN MY COMMENT I MEANT HIM B4 SOMEBODY CORRECTS ME .

grant99

Posted 206 days ago
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Why must the blood sample be taken within 2 hours? From what I've read here, alcohol metabolises over time in which means if the sample was taken many hours later and proved to be over the limit it should be able to secure a conviction.
I'm no expert, just asking.