According to the Edenvale SAPS, Mr Darren Kingsley and his friends were racing down First Avenue at the time of their arrest in December.
“The three boys are facing criminal charges of reckless and negligent driving as well as interfering with police duties,” said acting spokesperson for the Edenvale SAPS, Lieutenant Colonel Robbie Roberts.
He added that according to the arresting officer, two vehicles were driving next to each other on First Avenue when he intervened.
“The arrest took place at night and the officer did not know who the occupants of the vehicle were. It is for this reason that the officer approached the vehicle with his rifle. Police officers have the full right to carry a firearm and are trained to approach any situation with caution, especially at night,” said Lt Col Roberts.
“It is stated in the Criminal Procedure Act that as soon as a crime is committed in the presence of a police officer, the suspect or suspects must be arrested immediately,” he added.
He also said those being arrested should be treated with respect.
“We are here to uphold the law, not to frighten,” said Lt Col Roberts.
He assured the NEWS that the behaviour of the officers according the report made by Mrs Kingsley would be addressed.
“The detainees were informed of their rights and the paper they were told to sign was not blank. It is an official and traceable document which states the name of the detainee and the charge on which they were arrested. The document is signed by both the arrestee and the officer,” said Lt Col Roberts.
He added that if a detainee refuses to sign the form, there is a section which must be filled in by the officer stating the arrestee refused to sign.
“All three of the detainees were read their rights and each of them signed the form which also states their rights were read to them,” he said.
Lt Col Roberts said police officers must identify themselves.
“This matter will be brought up with all Edenvale police officers. We take accusations of officers who are unwilling to identify themselves seriously,” he said.
“Officers are told daily to not disrespect community members,” he added.
Speaking on the detention of immigrants at the police station, Lt Col Roberts said the Edenvale Police Station is a registered detention facility.
“The Criminal Procedure Act stated that within 48 hours of arrest, a person must be charged and then appear in court the following available date. Within those 48 hours, the initial investigation must take place including address verification. If the court does not allow the person to be released, they are to be returned to the detention facility. In this case it would be the Edenvale Police Station,” said Lt Col Roberts.
He added that officers are not allowed to detain mentally ill patients at the station.
“We do not have the facilities to do so. Once arrested, a mentally ill person must be transported to the nearest hospital for treatment via a state ambulance,” he said.
Lt Col Roberts added that every police cell at the Edenvale Police Station is set out according to standards established by the state.
“Showers, toilets, basins and cells are cleaned daily. Each arrestee is supplied with a mattress and two blankets. We have enough blankets at the station to ensure each person arrested gets a new, clean blanket. These are also washed regularly and not given to more than one person to use,’ said Lt Col Roberts.
“As prescribed by the state, each detainee at the station is supplied with three meals daily,” he added.
He urged members of the community who have complaints against any police officers at the Edenvale Police Station to lay charges against the officers involved.
“These cases are not investigated by police officers at station level. For us to be able to catch police officers who are not abiding by the law, we need witnesses and complainants to come forward and open cases,” he said.
