Decision from police case into Shawn Mackay death could take weeks

By Wayne Smith

April 09, 2009

It could be weeks before a decision is made on whether charges are laid against the driver of the car that hit Shawn Mackay.

South African police admit that Brumbies players who witnessed the accident have not yet been interviewed.

The Brumbies remained in South Africa for a week following the accident in the early hours of March 29 and did not leave Durban for their weekend match in Bloemfontein against the Cheetahs until last Thursday, but they still have not been asked for their statements.

A Durban-based South African Police Service source yesterday was unable to estimate how long it would take to investigate the accident that on Monday ultimately claimed Mackay's life.

"I'm sure we will have to get statements from the players who were there, but whether we send someone over to Australia to get them or whether we ask the Australian police to do that for us I cannot say," the source told The Australian.

The police are also awaiting the results of the post-mortem examination, but even after they have completed their investigation, the file must then be turned over to the national prosecuting authority.

"They would have to prosecute the case, so they have to go through the evidence to determine whether it is strong enough to warrant charges being laid," the source said.

No special significance should be attached to the fact that the SAPS investigation has been upgraded from negligent driving to culpable homicide following Mackay's death.

"That is purely a matter of procedure," the source said.

Assuming there are no complications surrounding the release of Mackay's body, his funeral is expected to be held at Mary Immaculate church at Waverley in Sydney on Wednesday, according to his closest friend, Reds centre and former Wallabies vice-captain Morgan Turinui.

"A lot of people were expecting it to be at St Anthony's at Clovelly (where Mackay and Turinui started school together in grade one), but we think it is going to be too small," Turinui said.

"Mary Immaculate is still significant in his life.

"It's where his Mum and Dad (John and Leonie) were married and where he was christened."

Brumbies coach Andy Friend on Tuesday acknowledged the Brumbies' "sense of responsibility" over the fact the club had taken Mackay away on a tour from which he had not returned.

But Turinui stressed that Mackay's parents felt nothing but gratitude to the club.

"They have just asked me to express how thankful all of us are about how well the Brumbies took care of them, particularly team doctor Warren McDonald, who rarely left Shawn's side, and Andy Friend, who was a great support to them," Turinui said.

Friend has made it clear he would understand if any Brumbies player did not feel up to playing the Stormers in Canberra on Saturday night.

But injured captain Stephen Hoiles said all his conversations with his teammates indicated no one would be rested when the team was announced today.

"That's what we do, we play football," Hoiles said.

"Win, lose or draw, I think they're going to do everyone really proud this weekend.

"It's a tough time, but hopefully over the next few days we'll grow stronger as a group and be able to celebrate it (Mackay's life) and celebrate it in a really positive way."

Of all the Brumbies players, Hoiles had the longest association with Mackay.

He knew him since their primary school days in Sydney's eastern suburbs, played alongside him in Waverley College's First XV and subsequently captained him at Randwick and at the Brumbies.

Hoiles, who missed the fateful three-match Brumbies tour of South Africa because of injury, downplayed any suggestion he had been most profoundly affected by Mackay's death.

"Everyone's doing it pretty tough, which is understandable," he said. "I really feel for the guys who were in Africa.

"From a selfish point of view, I'm quite glad I wasn't there to see what happened and how it happened, because I think those guys were a little more affected," Hoiles said.

"We've all lost the same mate and we're all going to be hurting as much, but I really feel for those guys who had to go through it," he said.

"While everyone is suffering, I didn't have to witness it first-hand, so I probably won't be as scarred as the rest of the guys."

http://www.foxsports.com.au/story/0,...002381,00.html