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Site Last Updated:   Feb 9 2010 8:50AM
Witness fails to arrive for McBride hearing


2009/11/11

DISMISSED Ekurhuleni metro police chief Robert McBride’s case was postponed until today by the Commission for Conciliation, Mediation and Arbitration .

This, after witness Patrick Flusk failed to arrive at yesterday’ s hearings. “We’ve left several SMSs and voice messages.... Maybe we should have the matter stand down until tomorrow,” suggested McBride’s lawyer Mornay Crouse.

The municipality’s lawyer Kennedy Tsatsawane agreed to the postponement, but argued that McBride should bear the costs. McBride wants his job back after his dismissal in September last year while on special leave pending the completion of his trial for allegedly being under the influence of alcohol when he crashed his car in Centurion in December 2006.

He was sacked after publicly stepping in to help deal with xenophobic attacks, instead of confining himself to administrative duties.

He is now arguing that his dismissal was unfair and in violation of a collective agreement he had.

He said there had been an expectation that his five-year contract, which was to expire, would be extended until his criminal trial was concluded. Flusk corroborated this during his evidence in chief in September, saying he had attended meetings where McBride’s contract was discussed.

“I was present at many of these, where it was unequivocal that Mr McBride’s contract shall be extended until the end of the trial,” he said.

He said that if McBride won the criminal trial there would be further negotiations on his contract. The metro has disputed this. Tsatsawane was due to cross-examine Flusk yesterday morning. — Sapa




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