‘Criminals walking free
after police failures’
February 7 2014 at 11:57am
XolaniKoyana
POLICE
tardiness in investigating serious crimes such as rape and murder, and their
failure to take dockets to court had resulted in many criminals walking free, a
State prosecutor told the Khayelitsha Commission of Inquiry yesterday.
Documents
before the commission, containing a sample of cases in October 2012 and April
2013, show that 258 cases before the Khayelitsha Magistrate’s Court were
withdrawn.
The documents
do not contain reasons for this.
Khayelitsha
court senior prosecutor Rochelle Harmse said the figures correlated with the
level of efficiency of investigating officers. Harmse has held the position
since 2011. She said most of the cases had been struck off the roll or
withdrawn by the State because dockets had not been taken to court on more than
five occasions and there were incomplete investigations.
There were also
instances where investigating officers were not in court on more than one
occasion to testify, resulting in cases being withdrawn or thrown out.
In some cases
statements of witnesses and arresting officers were not included in the docket
taken to court.
Harmse said the
problems were raised with station commanders. “… You would for a day or two see
an improvement. Thereafter the dockets are not coming,” Harmse said.
“There cannot
be effective administration of justice if dockets are not in court.”
Echoing Dr
GenineJosias, a medical co-ordinator at Khayelitsha’sThuthuzela Care Centre who
testified last week, Harmse said there were countless challenges dealing with the
police’s Khayelitsha Family Violence, Child Protection and Sexual Offences
unit.
Harmse, who
used to work at the Mitchells Plain Magistrate’s Court, told the commission she
found working with police in Khayelitsha more frustrating than in her previous post.
She believed
the problems were systemic.
Advocate Norman
Arendse SC, acting for the police, put it to Harmse that it was unfair to pin
all the withdrawals solely on the police. He said there were other factors to
consider, like witnesses not going to court to testify.
The inquiry
continues today.
xolani.koyana@inl.co.za
