Former Cape SAPS officers sentenced for not declaring evidence
Two former police officers were sentenced in Cape Town Regional Court on Tuesday, for fraud, defeating the ends of justice and contravention of Section 80(1)(a) of the Customs and Excise Act 91 of 1964.
Wilfred Martin (56) and Shaun Falmer (43), stationed in
Paarl, were arrested in 2011, after the Hawks applied to the Office of the
Director of Public Prosecutions, to set up an entrapment as a member within the
South African Police Service (SAPS) stationed in Paarl was implicated as being
involved in corrupt activities that had unlawful benefits to members of SAPS
and/or other members of the public.
PICTURE: PixabayA Hawks officer, who pretended to be a foreign national in
an unmarked vehicle ‘broke down’ whilst transporting twelve boxes of illicit
cigarettes.
Three Paarl based police officers approached the vehicle
and arrested the ‘foreign national (DPCI members under cover) and seized the
twelve boxes of illicit cigarettes on the scene.
‘’He was transported to the Paarl Community Centre, but a
mere three boxes of cigarettes were booked in at the police station as seized
goods. The other eight boxes of
cigarettes that were in the unmarked vehicle were not booked in at the charge
office as per the norm but removed from the scene and stored at premises of a
private individual. They were only
discovered when the entrapment was exposed, and the accused were arrested,’’
said Eric Ntabazalila, National Prosecuting Authority (NPA) spokesperson in the
Western Cape.
‘’They were released on bail and their trial started on 14
April 2014, when all the accused pleaded not guilty to all counts in the Paarl
Regional Court. The charge sheet was successfully amended to ensure that they
were aware that they faced a minimum sentence of 15 years imprisonment since as
members of the SAPS they involved themselves with fraud worth more than R10 000
and/or as SAPS members committed fraud as a group. They immediately challenged
the constitutionality of the entrapment in dispute and a trial-within-a-trial
had to follow,’’ he added.
Ntabazalila said the evidence in this trial-within-a-trial
carried on for more than five years, but the court ruled on 30 October 2020,
that the entrapment was not unconstitutional, and it did not create anything
more than just an opportunity for the accused to commit the offences.
‘’The State closed its case on 05 November 2021, and the
defence closed its case on 30 May 2022. After extensive arguments were
presented to assist the court in the evaluation of the evidence presented to
the court over more than nine years, judgment was delivered on 02 August 2023,
more than twelve years since the accused’s arrest.’’
Wilfred Martin was sentenced to five years
imprisonment. Both counts are taken
together for the purposes of sentence.
Count 3: a fine of Five Thousand Rands(R5000) or three
years imprisonment which is wholly suspended for a period of five(5) years on
condition that the accused is not found guilty of Contravention of Section
80(1)(a) of Act 91 of 1964 which is committed during the period of suspension.
In terms of Section 103(1) of the Firearms Control Act, Act
60 of 2000 the accused is declared unfit to possess a firearm.
Count 1 and 2 are taken together for the purposes of sentence and Shaun Farmer is sentenced to five(5) years imprisonment which is wholly suspended for a period of five(5) years on condition that the accused is not found guilty of fraud or theft where he is sentenced to a period of imprisonment without the option of a fine and which is committed during the period of suspension.
Additionally, the accused is sentenced to three years of
correctional supervision in terms of Section 276(1)(h) of the Criminal
Procedure Act, Act 51 of 1977.
Count 3: a fine of Five Thousand Rands(R5000) or three
years imprisonment which is wholly suspended for a period of five years on
condition that the accused is not found guilty of Contravention of Section
80(1)(h) Act 91 of 1964 which is committed during the period of suspension.
In terms of Section 103(2) of the Firearms Control Act, Act
60 of 2000 the accused is declared unfit to possess a firearm.
Done By: Mitchum George
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