Zellephant
Expert Member
- Joined
- Aug 4, 2023
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I had the unpleasant experience of being wrongfully arrested by a constable (or is it c*ntstable) who completely ignored normal procedures and clearly has some sort of personal relationship with the complainant.
Long story short, two weeks ago, my company (I am the sole director) had a contractual dispute with a client. Client did not like the outcome, and then attempted to use the police to do their debt collecting.
I was then arrested at my home, without the police showing a warrant or anything - they simply asked me if I know who person XYZ (the complainant) was, to which I answered Yes, and I was then informed I am being arrested on a charge of theft. My attorney thinks they are using the fact that I admitted to knowing the complainant as “probable cause” to effect the arrest. But this is a very big stretch.
This happened around 11:30 on Tuesday morning, and they said I need to come with them to the station for processing. I asked if I would still be able to see a magistrate on the day, and they said it’s too late, I asked about police bail, they said the amount was too high. Neither were true. I called my attorney, and told them to go to the station, and then I was put in the detectives vehicle, to be taken to the station. Instead of going directly to the station, he went on rounds, stopping off at other places to talk to people about other cases etc (remember at this point I was under arrest, had no way of communicating etc).
We eventually made it to the station at around 15:30, and I was put into the cells. My attorney was at the station, and he again told my attorney that he can’t offer police bail, as the quantum was too high (the claimed theft was under R10k, and therefore was eligible for police bail). He also refused to provide the contact details for the prosecutor on duty for my attorney to apply for prosecutors bail. They did eventually through other channels get the prosecutors details. They spoke to the after hours prosecutor, who then called the detective, and told him to arrange my bail.
He then told my attorney he had gone home, and there is no one at the station who can process the bail, but if they are there first thing in the morning, he will help them. Keep in mind, at this point I had not yet been formally charged or processed/fingerprinted etc.
The following morning, the detective was unreachable until around 09:30, but when my attorney finally got hold of him, he had changed his tune, said there was now new evidence and that he can no longer allow me to be released, harked on about how he still has loads of time before the 48 hours expire etc etc.
Prosecutor called again, and the prosecutor said they haven’t seen the docket yet, and they can’t do anything until I have been charged etc, and he can’t at this point overrule the detective, who is within his rights to hold me up to 48 hours.
I was eventually charged around 16:30 that afternoon, with no additional charges added (as was claimed by the detective as reason to deny police bail). The detective then again disappeared, and was unreachable by my attorney until 18:30, which was again apparently too late for anyone to assist with arranging my bail. No on on duty at the station was senior enough to do so, and he won’t come in after hours. So another night in the cells for me.
The following morning I was eventually taken to court. Around 09:30 my attorney came to see me and said they aren’t sure what is going on, but my name isn’t on the court roll. About an hour later, I was released. The state prosecutors had decided not to enrol the case, as there was no evidence to support the charge. My attorney asked for a copy of the docket, and was told it had already been returned to the SAPS - and we doubt now we will ever see a copy of what the actual claim, or what grounds the cops used to justify the arrest and detention.
We are already busy with civil claims against the person who filed the charges - as this person has also been harassing family members and making libellous claims against us, contacting our suppliers and other clients with accusations etc etc.
My attorney wants to file wrongful arrest and malicious prosecution charges against the cops as well, and in theory I support this, but then you read about people getting settlements of R80k for cases like this, and it just doesn’t seem worth it. I mean there is a story on here about a guy wrongfully arrested and charged, spent two years in prison and was only paid out a settlement of around 1.6Mil.
Long story short, two weeks ago, my company (I am the sole director) had a contractual dispute with a client. Client did not like the outcome, and then attempted to use the police to do their debt collecting.
I was then arrested at my home, without the police showing a warrant or anything - they simply asked me if I know who person XYZ (the complainant) was, to which I answered Yes, and I was then informed I am being arrested on a charge of theft. My attorney thinks they are using the fact that I admitted to knowing the complainant as “probable cause” to effect the arrest. But this is a very big stretch.
This happened around 11:30 on Tuesday morning, and they said I need to come with them to the station for processing. I asked if I would still be able to see a magistrate on the day, and they said it’s too late, I asked about police bail, they said the amount was too high. Neither were true. I called my attorney, and told them to go to the station, and then I was put in the detectives vehicle, to be taken to the station. Instead of going directly to the station, he went on rounds, stopping off at other places to talk to people about other cases etc (remember at this point I was under arrest, had no way of communicating etc).
We eventually made it to the station at around 15:30, and I was put into the cells. My attorney was at the station, and he again told my attorney that he can’t offer police bail, as the quantum was too high (the claimed theft was under R10k, and therefore was eligible for police bail). He also refused to provide the contact details for the prosecutor on duty for my attorney to apply for prosecutors bail. They did eventually through other channels get the prosecutors details. They spoke to the after hours prosecutor, who then called the detective, and told him to arrange my bail.
He then told my attorney he had gone home, and there is no one at the station who can process the bail, but if they are there first thing in the morning, he will help them. Keep in mind, at this point I had not yet been formally charged or processed/fingerprinted etc.
The following morning, the detective was unreachable until around 09:30, but when my attorney finally got hold of him, he had changed his tune, said there was now new evidence and that he can no longer allow me to be released, harked on about how he still has loads of time before the 48 hours expire etc etc.
Prosecutor called again, and the prosecutor said they haven’t seen the docket yet, and they can’t do anything until I have been charged etc, and he can’t at this point overrule the detective, who is within his rights to hold me up to 48 hours.
I was eventually charged around 16:30 that afternoon, with no additional charges added (as was claimed by the detective as reason to deny police bail). The detective then again disappeared, and was unreachable by my attorney until 18:30, which was again apparently too late for anyone to assist with arranging my bail. No on on duty at the station was senior enough to do so, and he won’t come in after hours. So another night in the cells for me.
The following morning I was eventually taken to court. Around 09:30 my attorney came to see me and said they aren’t sure what is going on, but my name isn’t on the court roll. About an hour later, I was released. The state prosecutors had decided not to enrol the case, as there was no evidence to support the charge. My attorney asked for a copy of the docket, and was told it had already been returned to the SAPS - and we doubt now we will ever see a copy of what the actual claim, or what grounds the cops used to justify the arrest and detention.
We are already busy with civil claims against the person who filed the charges - as this person has also been harassing family members and making libellous claims against us, contacting our suppliers and other clients with accusations etc etc.
My attorney wants to file wrongful arrest and malicious prosecution charges against the cops as well, and in theory I support this, but then you read about people getting settlements of R80k for cases like this, and it just doesn’t seem worth it. I mean there is a story on here about a guy wrongfully arrested and charged, spent two years in prison and was only paid out a settlement of around 1.6Mil.
