Saturday, January 3, 2015

Crimes of the South African Police Service

NIU cops abuse suspects?
One of the suspects was hospitalised due to the severity of the beating given to him by police
Crime Reporter | 30 October 2014 09:29

Top local attorney Justin Heunis has accused the NIU and the provincial commissioner of ignoring the Constitutional rights of his clients. When he was called to represent three clients arrested last week in connection with ammunition and firearm charges, he was shocked when police refused him access to his clients. According to a letter addressed to Lieutenant General Mmamonnye Ngobeni, he informed her of what had happened.
The suspects were allegedly snatched by police without being charged on Monday, October 20. They were then, according to Heunis, beaten by police. Both men were beaten and when their attorney of record (Heunis) tried to visit them at the Ezakheni police cells, he was denied direct access to them.

Worse still, when he eventually got a chance to see them, he saw they had been beaten. “With blood-stained clothing, it was clear that the NIU officers had tried to force confessions out of my clients,” Heunis told the Ladysmith Gazette.

Heunis was denied direct access to his clients and could only speak to them through a slit in the door. “Despite this, I could see bloody clothing and asked what happened.” They informed him that police officers from the NIU had beaten them.
When he asked to see the charge office commander, she told him that no injuries had been noted in the prisoner observation book (OB). Despite his requests that she go and see his clients and make an entry as to their injuries, the officer refused. A shift change took place and when a new charge office commander took over, he asked for photos to be taken of his clients, notes to be made in the OB book, and his clients to have their wounds treated. This was again refused. After Heunis had left the station, the same NIU officers returned to the station and once more (according to his clients) assaulted them.
They have since appeared in court, where their injuries were placed on court record. One of the suspects was hospitalised due to the severity of the beating given to him by police. In a second incident on Wednesday, the NIU once again denied Heunis access to a client. “I was blatantly refused access to my client by a colonel in the NIU. (“On no less than three occasions, he refused me access to my client. This despite the fact that I warned the colonel that my client has a Constitutional right to consult his attorney”)
Heunis addressed this issue with the station commander and cluster commander. Again, no reason was given as to why he was not given access to his client. Heunis goes so far as accusing Lt General Ngobeni of condoning illegal actions by officers under her command.
“The colonel, who acts directly under your control, has no regard for Basic Human Rights, is acting unlawfully and in blatant disregard of our Constitution. It would appear that you condone these infringements of Basic Human Rights, as this Intervention Task Team is under your direct control” he stated in a letter directed at Provincial Commissioner Lt General Ngobeni.
This is the first time Mr Heunis has encountered this type of treatment from the police, as he has represented the accused’s family for years.
http://ladysmithgazette.co.za/29032/cops-abuse-three-suspects/