An experienced police officer in the dock on a charge of assault has reached a dead-end in her attempt to open a counter-charge of sexual assault, as part of her defence that she was, in fact, defending herself from a racist attack.
An experienced police officer in the dock on a charge of assault has reached a dead-end in her attempt to open a counter-charge of sexual assault, as part of her defence that she was, in fact, defending herself from a racist attack.
According to court documents, 36-year-old former police officer, Hannelie Calitz, who appeared in the Grahamstown Magistrate's Court on Wednesday, assaulted a security guard by hitting him in the face with her fist.
The alleged incident took place at the Grahamstown Police Station in November 2009, after the guard refused to open the gate for her. According to evidence given, Ludwe Mntuyedwa, a guard on the day of the incident, said he had been instructed by the station commissioner not to allow private vehicles inside police premises.
Mntuyedwa said Calitz had told him she could not park outside, and had got out of her car to open the gate. Mntuyedwa, however, went to the gate and closed it. As he was closing the gate, it is alleged, Calitz punched him in the face.
Calitz later opened a charge of sexual assault against the guard, telling the court that she had acted in self-defence. She said the guard had pushed against her breasts and that she had felt intimidated. According to court documents, Calitz said she had moved her arm up to protect herself, as she had not wanted any “black” man to touch her breasts in public.
She claimed the incident was a racist attack on her by the security guard. But the Director of Public Prosecutions has twice refused to prosecute Mntuyedwa, after video footage was played in court.
In closing arguments, state prosecutor Zwelethu Mata said Calitz had opened the case of sexual harassment because she had been charged with assault. He said evidence was corroborated by state witnesses.
“The state has proved its case beyond reasonable doubt and the accused must be found guilty on both charges. Anger because she was refused entry by the security guard was the motive for assault,” said Mata.
Calitz's legal representative, however, argued that the testimony of the state witnesses contradicted the video footage and denied that they were credible witnesses. Calitz served in the police force for 15 years, eight of which she spent as an investigating officer.
She is charged with assault and defeating the administration of justice. The case was postponed to 21 February for judgment.
