‘It was self-defence' - Former Uber driver accused of fatal beating at OR Tambo

17 September 2018 - 14:10 By Belinda Pheto
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Former Uber driver Tebogo Makhalemele intends to plead not guilty to the murder charge.
Former Uber driver Tebogo Makhalemele intends to plead not guilty to the murder charge.
Image: TOBY MELVILLE / REUTERS

The Uber driver accused of killing 71-year-old Zalman Orlianski has labelled the state's case against him as weak.

Reading the affidavit for his formal bail application‚ attorney Stanford Singende pointed out that his client‚ Tebogo Makhalemele‚ 30‚ intends to plead not guilty to the murder charge brought against him on Monday.

"I have a good defence in law and fact. The accusations against me are false‚" Singende told the court on his client’s behalf.

Makhalemele said he acted in self-defence. But the court heard later in the day that CCTV footage showed him hitting Orlianski more than 15 times – even when he was helpless.

Makhalemele was charged with assault with intention to cause grievous bodily harm after the elderly motorist sustained a head injury that left him in a critical condition in hospital.

Orlianski succumbed to his injuries on Sunday evening‚ a week after the altercation at OR Tambo airport over a parking space. As a result‚ the charge has been changed to murder.

Makhalemele said in his affidavit that he was the breadwinner for his family‚ providing for his mother‚ long-time girlfriend and 7-year-old daughter.

The 30-year-old man from Daveyton is self-employed as an Uber driver‚ earning about R4‚000 a month.

In his affidavit‚ Makhalemele said he had co-operated with police by handing himself over.

But a different version was presented to the court when the state called the investigating officer in the case to the witness stand.

Lieutenant-Colonel Joseph Mazibuko testified about CCTV footage that had been obtained from the airport.

"What I found more disturbing is that the old man was hit more than 15 times‚ with blows following each other. Even when he was helpless‚ he continued to hit him‚" said Mazibuko.

Mazibuko conceded that the two were embroiled in a physical fight. "It was a free fight. There was an exchange of blows‚" said Mazibuko.

He said the deceased fell down and Makhalemele walked to his car and drove away.

Mazibuko did not oppose the granting of bail and said the court could do so‚ on conditions that may include having to visit his local police station twice a week.

The bail hearing continues.

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