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Station commander found guilty in Yengeni-related case

CAPE TOWN, SOUTH AFRICA Nov 30 2009 15:18
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Former Goodwood police station commander Siphiwo Hewana was on Monday found guilty of defeating the ends of justice in a charge involving former African National Congress chief whip Tony Yengeni.

Magistrate Elsa van Zyl, at the request of defence attorney Greg Duncan, postponed sentencing until February 8 in the Parow Regional Court.

Hewana's trial stems from Yengeni's arrest for drunken driving in November 2007. To protect Yengeni, Hewana ordered the two arresting police officials to change the time of Yengeni's arrest from the early hours to 9pm the night before.

At the time, Yengeni was on parole and required to be in his home after 9pm.

Hewana also intercepted Yengeni's blood sample and left it in an unlocked drawer of his desk rather than in a locked safe in accordance with regulations.

Because of this, Yengeni's blood sample was not sent for forensic analysis to determine its level of alcohol. This led to Yengeni's escaping a charge of drunken driving.

Hewana initially faced two additional charges of conspiracy to commit perjury and interfering with police officials in the execution of their duties.

However, Van Zyl said the additional counts amounted to an unfair duplication of the charges.

Hewana's defence was based on his claims that there was a conspiracy against him and all nine of the state's witnesses were part of it.

CONTINUES BELOW


Van Zyl rejected this and said this was so improbable that there was not even the remotest possibility that there was such a conspiracy.

She said the state witnesses had been honest and that the totality of their testimony had been logical and convincing. Among the witness were the two police constables, Charles Japhta and Jeremy Voskuil, who had arrested Yengeni.

Van Zyl said Japhta and Voskuil had changed the time of arrest after Hewana had warned them it would be in the interests of their careers to do so.

Hewana's warning had left Japhta and Voskuil feeling intimidated and in fear for the safety of their families, she said. -- Sapa
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Comments

the cadres should just get special badges or stickers on their cars declaring that they are above the law. That way police don't waste their time and attention with them. This will mean the cops can actually apply their efforts to us mortals and such.
touché douché on November 30, 2009, 3:46 pm
where's the rest of the OH SO POSITIVE ABOUT SA, I'M ACTUALLY LEAVING FOR THE UK gang? here's democracy-in-action and they have nothing to say... this is positive stuff... and i hope Hewana gets at least 3years...
Black on Both Sides on November 30, 2009, 3:55 pm
i'm black on both sides too. and i'm actually leaving as well. [and, unlike you, i don't need a visa to leave this spot.]

i think that he should get the intervention that yengeni got. or maybe yengeni should phone zuma and arrange for a pardon to go through at the same time shabir sheik's does.

i mean, i have to put up with yengeni [or his wife] practically running me over at least twice a week -- they live in my neighborhood -- so maybe i'm a bit biased. the yengenis are kak people to have as neighbors, and both they and anyone breaking rules to help them should be hanging out in tokai on a long-term basis. [that means being in pollsmoor, for the slow.]

ursa negro on November 30, 2009, 4:02 pm
HALLELUJAH! Please leave! I Dont know why your still hanging around! The country will not miss you as your contribution are sweet fuckall!
nkosi sikelele on November 30, 2009, 4:11 pm
Where does this leave Yengeni obviously this Hewana was following orders from above........when are they going to sweep this under the carpet as usual.
Cigar & Cognac comrade on November 30, 2009, 4:37 pm
Just wait now for the redployment to some fat juicy government post. No need to worry about his sentence. He will be pardoned!!!!!
Tiger Lily on November 30, 2009, 5:36 pm
Nkosi, I thought you had already left for Zimbabwe!!!!!
Tiger Lily on November 30, 2009, 5:38 pm
One has to have a bit of sympathy for Hewana – I mean Yengeni was obviously part of his erratic actions. Good for the two policemen who stood their ground.
Poly Ticks on November 30, 2009, 5:45 pm
BoBS - I agree - this could have so easily been swept under the carpet - especially with Yengeni, part of the equation.
Poly Ticks on November 30, 2009, 5:50 pm
I feel a great deal of sympathy for both Mr Hewana and the two policemen. The reality is there was very likely pressure from above or an expectation that My Yengeni would be above the law (for reasons of precedence and for reasons of practice) and I fear Mr Hewana was not sufficiently senior or connected to be protected from prosecution for doing what he probably thought was acceptable in the context - just following orders. I feel even more sympathy for the 2 policemen who stood their ground and, like soldiers on a battlefield, refused to give up their honour. How easy it would have been for them to simply give up and turn a blind eye. There are many good men and women in the SAPS and this is not its finest hour but some redemption has been found.
Mark Robertson on November 30, 2009, 6:11 pm
I feel a great deal of sympathy for both Mr Hewana and the two policemen. The reality is there was very likely pressure from above or an expectation that MR Yengeni would be above the law (for reasons of precedence and for reasons of practice) and I fear Mr Hewana was not sufficiently senior or connected to be protected from prosecution for doing what he probably thought was acceptable in the context - just following orders. I feel even more sympathy for the 2 policemen who stood their ground and, like soldiers on a battlefield, refused to give up their honour. How easy it would have been for them to simply give up and turn a blind eye. There are many good men and women in the SAPS and this is not its finest hour but some redemption has been found.
Mark Robertson on November 30, 2009, 6:15 pm
In fact, the station commander had no defence. Was he acting on his own initiative or were there instructions from someone else who got away with it? This sort of thing should not be reason for celebration; it should be the norm
Roger Pacey on November 30, 2009, 8:02 pm
Reason to celebrate: why? yengeni once again dodged the bullet...and still we have to put up with the likes of nkosi sikelele (idiot) who thinks SA's problems would be solved by people leaving. Those leaving take the expertise with them stupid (ever heard of the term brain drain)?, leaving you bunch to run around in the dark. But then at least you can tell yourselves how great you all are with no-one to criticise your obvious short comings.
paul vincent on December 1, 2009, 12:46 am
Hewana's been convicted. But has he been sacked? Or is he going to be "redeployed" at double his copper's wages? It'll be the latter.
Jon Low on December 1, 2009, 5:06 am
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