A former police officer who was arrested in October 2015 for allegedly being involved in a truck hijacking is suing the Minister of Police for damages for unlawful arrest and detention.
At the time of his arrest, the officer was working on the crime intelligence investigations into truck hijackings that had sparked in Midrand.
The officer was also stationed at Midrand Police Station. He was arrested after being pointed out at the Midrand Police Station’s client service centre by the truck driver who had been hijacked as one of the three people who hijacked him.
He was arrested in October 2015 and spent five days in custody before being released on bail. The National Prosecuting Authority withdrew charges against the officer in March 2016 after several appearances in the Alexandra Magistrates’ Court.
In his ruling, Acting Judge PD Phahlane said the police didn’t follow the due process that must be followed before arresting a suspect.
“Identifying a suspect is done within conscripted rules. There is indeed a reason for that. The major one being that evidence of identity has to be treated with caution,” Phahlane said.
In its defence, the police argued that they could not hold an identity parade as the suspect was spontaneously identified in the presence of other police officials.
In his judgment, Phahlane highlighted that it was risky for the arresting officer to simply rely on spontaneous identification in the midst of mandatory precautions regarding positive identification of a suspect. Phahlane said the arresting officer should have taken steps to verify the essentials of the offence before rushing to arrest.
The arresting officer should have looked for evidence to corroborate the information he received before arresting or should have at least interviewed the suspect to allow his suspicion to dissipate.
Phahlane said it was evident that the officer’s arrest and detention were unlawful and he was entitled to damages.
The case has been postponed to August 2019 for quantum arguments which will be about general damages and loss of income.
The wife of the officer said they were pursuing the case with the hope that it will encourage police officers to do their jobs thoroughly in future. She said the arrest of her husband was a very emotional and traumatic experience for them as a family and said she would not want anyone to go through that.
During his arrest, the officer was denied access to have visitors or even consult with his lawyer.
Robert van Wyk, director of Loubser, Van der Walt Inc which is the firm representing the former officer, said they are pleased that they were successful in confirming his client’s version to the court. He highlighted that it was shocking that the police failed to check on the alibi that the officer told them about.
“He had video evidence and photos that were confirming his whereabouts at the time that the hijacking took place,” Van der Walt said.
The attorney also said the police acted maliciously and not in a trustworthy manner when arresting his client. Van der Walt said police went on to arrest their own without a proper investigation and never took his version into consideration.
At the time, the officer had been in the police service for about 20 years.
Related article:
https://www.citizen.co.za/midrand-reporter/140515/midrand-police-constable-arrested-for-alleged-truck-hijacking/
