Saturday, March 1, 2014

Crimes of the South African Police Service

Cop must pay fine after sex act filmed
A POLICEMAN is to pay a R3 000 fine for filming a sexual encounter in a toilet at the Elsies River police station.

After being found guilty of crimen injuria in the Western Cape High Court last week, Constable Jaede Fillies, 26, was yesterday sentenced to either a fine or six months behind bars. He opted for the fine. Judge Patricia Goliath sentenced him to an additional six months, suspended for three years.

Fillies’s conviction stems from an incident in a toilet stall at the Elsies River police station on June 15, 2010.

The woman involved – who was arrested along with her boyfriend in Viking Park, Epping, that night – claimed she was raped by policemen.

Four SAPS employees were initially prosecuted, but one, Theo van Wyk, was discharged mid-trial. The other two, former warrant officer Theodore Syster and admin clerk Beverly Carelse, were acquitted on charges relating to the incident.
Syster and Fillies were acquitted of rape.

Fillies, however, was convicted for filming part of a sexual encounter between Syster and the woman, in her early thirties, on a cellphone without her knowledge or consent.

It was distributed to several other police officers.

In handing down her sentence, Judge Goliath said crimen injuria was a serious offence that needed to be seen against the background of the circumstances that night.

Fillies had been an on-duty officer dressed in full uniform who had recorded the incident for his own gain, and had not intervened when the incident took place. He had also seriously violated the woman’s privacy.

By Leila Samodien
The Star 08/02/13 Early Edition