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.
