Cape Town attorney to sue police for harassment
Attorney
Martin Hood. Picture: SUNDAY TIMES
A TOP
attorney who specialises in firearms matters is to sue the police for damages
following his arrest on charges of defeating the ends of justice last Friday.
Martin
Hood has consistently over the years been a thorn in the side of police on
issues relating particularly to the Firearms Control Act, the need for gun
owners to re-apply for their licences and the shambles at the Central Firearms
Registry.
He is the
legal representative of the South African Gun Owners’ Association.
Mr Hood
said on Sunday: "I represent a client who reported the loss of his firearm
when he was mugged. My client is a professional (a practising psychologist) who
wanted me to prepare his statement for lodging with the South African Police
Service (SAPS), because my client had heard a number of reports that the SAPS
automatically arrest and charge people for negligent loss of a firearm
irrespective of the circumstances. I might add that my experience is similar
too.
"When
my client went to lodge the statement with one of my junior attorneys, he was
harassed and intimidated by the detectives at Fairland police station.
Fortunately, my junior attorney managed the situation and they withdrew in good
order."
He
explained that after that the police contacted his client requesting further
information and when "he went down to the police station to give them
further information and he was again bullied and harassed by the investigating
officer and the lieutenant in charge of detectives at Fairland police
station".
Mr Hood
said he arranged with the investigating officer to meet him at the station last
Friday morning to find out what further information was needed.
"I
spoke to the investigating officer who wanted to know where my client was and I
indicated that it had not been discussed that he would be present. I asked the
officer what information was necessary and he could not or would not tell me.
"The
situation deteriorated to a point where I was accused of shielding my client
and a statement was made on a number of occasions, including in the presence of
two of my attorneys who I summonsed to be witnesses, that my client had no
constitutional rights and that he was obligated to comply with the request for
information by the SAPS even if it meant incriminating himself.
"The
situation deteriorated to the extent where I was arrested for defeating the
ends of justice, because I would not bring my client to the police station and
because I indicated that my client would not provide any further information
unless I had the opportunity of discussing it with him."
Mr Hood
said the police believed that everybody was obliged to make statements, even if
that meant they could incriminate themselves and that they had to do so without
legal representation.
"This
is an abuse of the police powers of arrest, and my arrest was in my view
malicious and the actions of the police fundamentally undermine the basic
principles of our criminal justice system.
"I
have already discussed the circumstances of my arrest with two senior counsel
and it follows that I will be instituting action for damages and an
apology."
Attempts
to secure police comment were unsuccessful.
