Johannesburg — SUSPENDED Ekurhuleni metropolitan police department chief Robert McBride's defence tried to show the Pretoria Regional Court yesterday that McBride was not drunk on the day of his accident in December 2006, and that his behaviour was of someone who had suffered a head injury.

McBride rolled his official car on December 21 2006 after a year-end function held near Hartbeespoort Dam. He was charged with driving under the influence of liquor, defeating the ends of justice and fraud in July last year. The development followed after three metro police officials gave new statements to the police in May claiming McBride had been drunk at the function.

McBride's advocate Jimmy Howse told the state's second witness, Itumeleng Koko, that a boxer beaten on the head would stagger and behave as if he were drunk. Howse said McBride's behaviour after the accident suggested that he was dazed as a result of the head injury he sustained.

"These conditions are symptomatic of someone who has a head injury," Howse said.

Koko replied that he was not a medical practitioner but said he had seen McBride drinking alcohol. Howse also said McBride was diabetic and had worked hard before the accident. "The accused was worried about his condition. The accused went to see (a doctor) on December 19 2006 and the doctor doubled his diabetes medication." Koko replied he did not know about that.

Howse also told Koko that McBride had fainted a day before the accident.

Howse also put it to Koko McBride wanted to know what had happened and whether the accident was linked to his diabetes, which was why he had gone to Durban. Koko said this could be possible if McBride had not eaten or drank.

Referring to photographs presented to court, Howse asked why McBride, who had allegedly drank close to two bottles of liquor, was not seen holding a glass while Koko, who drank only three glasses, was always shown holding a glass.

McBride has pleaded not guilty to the three counts and hinted that his right to a fair trial was being prejudiced by the state which charged some of the people involved separately.

The case continues.