Trial of police general finally set to get under way

THE trial of a police general charged with crimen injuria has been postponed to next month.

Afriforum’s Private Prosecution Unit has been instrumental in assisting Riana Stander, 53, who opened a criminal case of crimen injuria (a crime defined to be the act of unlawfully, intentionally and seriously impairing the dignity of another) against a police general.

The crimen injuria case stems from an incident that happened in 2016 where the general allegedly ordered Stander and other officers to stand on a stage and then made derogatory statements about their clothing, weight and skin colour.

The case was heard in the Western Cape High Court.

In court, the accused’s legal representative argued that the case was being handled by the state attorney and that the firm representing the accused had not yet been vetted by the state attorney.

Advocate Phyllis Vorster of Afriforum’s Private Prosecution Unit said: “The case was adjourned until September 2 to determine whether the law firm has been vetted by the state attorney and to set a trial date.

“The State did not oppose the application for postponement.

“The State also did not oppose the defence’s request that the accused does not have to be in court at the next appearance.”

Vorster added: “The defence argued that she lived in Pretoria and did not want to travel that far for these proceedings.”

Vorster said after the Private Prosecution Unit requested a “nolle prosequi” certificate (a certificate issued by the DPP of the region to the effect that the DPP has considered the matter and declines to prosecute on behalf of the State) on Stander’s behalf in July 2019 to prosecute privately, the state revised its decision not to prosecute.

She said they were disappointed that the accused once again succeeded in further delaying the trial as the case had been dragging on since 2016.

“However, we are delighted that the case is finally before the court and we will continue to assist Riana to see that justice is served,” said Vorster.

She said the National Prosecuting Authority (NPA) initially refused to prosecute the accused, saying the decision not to institute a prosecution was made in January 2017.

Eric Ntabazalila, the NPA’S regional communications manager, said there was no decision that there was no prima facie proof of crimen injuria, and neither was this stated in any correspondence issued by the NPA.

“In view of contradictory statements regarding the possible intent behind the utterings, it was decided that the possibility of a successful prosecution was too slim.

“The complainant had other remedies, such as the SAPS grievance procedures, which could address the incident.

“The reasons for the decision were based on the facts of the matter and not on the profile(s) of any individual(s) involved,” said Ntabazalila.

Stander said although it had been years since the incident had taken place, she still took medication for anxiety and sleeplessness because she was wary of panic attacks, describing how the incident had affected her mental state.

She now worked odd jobs because she struggled to get by on her pension after she was declared medically unfit for work due to stress and anxiety.

“I must admit that I am bitter that this incident cost me my job, but the accused was allowed to retain her post.”

She hoped that justice would be finally served with the assistance of Afriforum’s Private Prosecution Unit and now that the case has finally come before the court.