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: Pixabay

A 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