Man walks free after beating police

Lebogang Baingapi | Thursday August 18, 2016 14:46

 

Officers readying for patrol at CPS. Their colleagues were recently pummelled by an irate suspect

However, the man walked free of the charge of beating police, after the court found that officers were not in uniform and had not properly identified themselves to him when they first approached him. On Tuesday, a court heard that the suspect, Oageng Makuku went berserk when police accosted him, after the report of a threat of violence.

Testifying, Sergeant Goitsemang Sebakane of Kang Police said in February 2015, a report was received that Makuku had holed up in his home and was threatening to kill his wife and himself. Together with a police volunteer, Edane Moshana, Sebakane attended to the report and found the suspect walking with his wife and children.

“I asked him to stop and he refused.  The wife stopped and confirmed to us that Makuku had been threatening to kill her.  We approached him and he became violent. He picked up stones and later punched me with a fist on the face, before I summoned the community for help,” Sebakane testified.

However, Magistrate Odirile Mokgatle said Makuku had no case to answer as it was clear police had not properly introduced themselves before attempting to arrest him.

Mokgatle noted that all the witnesses did not voluntarily reveal before court that police had indeed introduced themselves to the accused. He said the reports of introduction being made had only come after witnesses were probed.

“This was just a calculated afterthought to the convenience of the prosecution. The police officer was not in uniform and Sergeant Sebakane also said she did not know the accused. It is safe to say the accused did not know that Sebakane and Moshana were police officers either,” he said. Mokgatle said an element of carelessness on the police side was visible as they only wanted to arrest Makuku without following the right procedure of arrest.

He further said showing a police identity card to the accused only at the police station was late as the suspect had already fought the police.

“It is desirable for police to follow the right procedure of arrest.  Clearly the accused was not aware that he was under arrest and did not know the offence he was being arrested for.  The arrest was casual and he was not running away,” said Mokgatle.

The magistrate acquitted him but warned him against being a nuisance when approached by police.