Arrested for doing their jobs

Three reaction officers from Beagle Watch security were arrested on charges of attempted murder after a shootout with cable thieves in the early hours of January 22.

According to Beagle Watch’s area manager Cobus Botes, Beagle Watch has a working relationship with a guarding company that has an overnight guard posted at The Valley Centre on the corners of Jim Fouché Road and Phill Allen Avenue, across the road from Chamberlains Hardware in Allen’s Nek.
“Our control room received a panic signal from the guard at the shopping centre at 02:38, and a vehicle was immediately dispatched,” said Botes.

Upon arrival, less than two minutes later, the reaction officer was notified of a group that appeared to be illegally digging for copper cable in the vicinity of the entrance of the nearby Valley View Estate. The officer investigated and saw seven men digging for cable. He decided to call for backup and another two reaction vehicles responded to the scene.

“The reaction officers, after keeping an eye on the men for a little while, cautiously approached,” Botes said. “The moment the diggers were noticed by the security officers, they started shooting at them. Our officers had no choice but to return fire and bravely chase after the shooters. They found one wounded in the vicinity, and followed all the correct procedures to alert their immediate superiors, as well as the police of the incident.”

According to Botes, the wheels to respond to the incident were immediately set in motion, an incident manager in the form of crime specialist Leon van Zyl was assigned and sent to the scene. Upon arrival, Van Zyl found the three reaction officers, one police sergeant and two constables at the scene. One constable was guarding the wounded man, who had sustained three gunshots to his lower body.

From the first contact with the Honeydew police, the officers, according to Van Zyl, were rude and dismissive toward both Van Zyl and his reaction officers (ROs).

“They asked if there were signs of forced entry, or attempted entry to the Valley View Estate, upon which they were informed once again that the incident was one of attempted cable theft. The police officers did not even attempt to investigate. I walked around the scene and found a second wounded person near the abandoned Pikitup site, with a gunshot wound to his left foot. This suspect admitted to me that they were trying to steal cable when the shooting occurred. He also admitted that one of the seven men, allegedly named Ronnie, was the one who shot at our officers,” said Van Zyl.

Van Zyl admits his confusion at the hostile attitude of the police toward himself and his ROs, saying that the police officers were shouting at the reaction officers and accusing them of negligence.

“I walked around and found the trench that the group of men had been digging as well as some of the tools they were digging with. When I pointed the trench and the digging tools out to them, the police officers suggested that I deploy a security guard to guard the evidence until the day shift arrives,” he added.

Van Zyl said that the police officers on the scene refused to arrest the men, and instead called ambulances to transport them to the hospital.

“They insisted that our officers were in the wrong, and proceeded to arrest them on a charge of attempted murder. The police officers confiscated their firearms and wanted to bundle them in the back of a police van then and there. I refused and insisted on bringing our officers to the Honeydew Police Station myself, which I did before returning to the scene.”

By this time it was about 04:35. Van Zyl returned to the scene, where he was informed at 05:46 by a resident that he had come across three men in Pranticole Avenue, who bolted the moment they realised they were seen.

“I investigated and found another wounded man lying hidden a mere 20 metres from the trench. The men were interviewed by the police members and they told them, despite all the evidence at the scene, that they were merely on the way to work, and did not know anything. Who goes to work on foot at half past two in the morning? The officers let the men be transported to hospital in ambulances without arresting them or at least placing them under police guard,” Van Zyl said.

Van Zyl said that, in addition to this, the police members neglected to report the attempted cable theft to the special police infrastructure unit, which is what they were supposed to do.

“Even worse, when the day shift police officers arrived and took over the scene, they had not been briefed and thus had no idea what was going on. They did not attempt to search the scene, and they did not even have evidence bags and suggested that I collect the evidence and turn it in at the police station. This is not procedure and would contaminate the evidence, rendering it unusable.”

Meanwhile, at the police station, Beagle Watch operations manager Mandla Magagula, who is the direct superior of the ROs, arrived to check on his men.

“I came upon them, stuffed in a cell, their shoelaces and bulletproof vests taken from them, still wearing their uniforms,” said Magagula. “Not only is this unacceptable, it is also downright dangerous. They were stuffed into a cell with criminals who would likely be hostile towards them because of their jobs as crime fighters. They had not had anything to eat or drink, and they were denied even a phone call.”

Magagula had to go and buy food for the ROs and had no choice but to leave them there while the legal processes unfolded. The ROs were transferred to Roodepoort police later that afternoon where once again they were held without food or water. Magagula once again had to ensure his men were at least fed.

Beagle Watch management had, in the meanwhile, contacted an attorney to represent the three ROs. Lathan Dixon from Dixon Prokureurs in Pretoria arrived at the Roodepoort Magistrate’s Court on the morning of January 22 and tried unsuccessfully to secure bail for the three security officers, meaning they had to spend a harrowing evening behind bars, still in their uniforms, together with criminals who might have meant them harm. He returned the next day for their court appearance, only to find out that the case had not yet been placed on the court roll.

He managed to speak to a state prosecutor who, after studying the docket, and on the strength of Dixon’s argument, decided not to go ahead with criminal charges against the three.

“My arguments were that firstly, there is no complainant,” said Dixon. “Secondly, according to South African law, a charge of attempted murder requires proof of intention to commit the criminal act. These officers were doing their jobs and came under fire during the performance of their duties. They had no other reasonable choice but to retaliate. My view is that these officers should not have been arrested and detained to begin with.”

The Northsider approached the police’s District Communications Officer, Sergeant Kholo for comment regarding this incident and was informed that, according to the sergeant who reacted to the scene, the ROs were arrested since there was, according to him, no evidence supporting the claim by the ROs that the suspects had been illegally digging for copper cable, or been shot at.

Questioned by the Northsider about the evidence presented by the security officers and Beagle Watch, and the fact that the state declined to charge the officers, he promised to investigate the matter further – and revert with answers.

This incident has, however, left a sour taste in the mouth of Beagle Watch managing director Andre Aiton, a seasoned, well-respected security professional with more than 35 years of experience.

“We have been actively working with the police for years, assisting at every opportunity in any way we can for the good of the local communities that we serve,” said Aiton. “We have been asked for assistance and support by the police so many times and we always show up ready to help, only to be left in the dark by the police when we need their assistance.

“We go above and beyond our duty to help combat crime in our communities. We are a private security company and no one pays us to respond to cable theft incidents, illegal vagrancy, illegal dumping, etc. But we believe in doing our bit for our communities and frankly, the thanks we get from the police leaves a sour taste in one’s mouth.”

Watch this space for more as this story develops.