Extension of undercover probe ‘error’ in state firearms case

Wooden court gavel

Wooden court gavel

Published Aug 26, 2021

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DURBAN - ADVOCATE Sandesh Sanker from the provincial Directorate of Public Prosecutions (DPP) told the court he could have erred when he extended the expired undercover investigation authorisation when he took the stand during the trial of former Bayview police officer Samuel Govindasamy on Wednesday.

Sanker, who was responsible for approving undercover operations at the DPP office, testified in the Durban Magistrate’s Court. Sanker said he was not wrong in his actions.

Govindasamy faces charges of theft after he allegedly sold 79 state guns and other equipment to security companies in 2017. His attorney, advocate Paul Jorgensen, argued that Sanker breached the law by extending the expired authorisation instead of asking the police to make a fresh application.

Sanker said he did not think the new application was necessary because its content was going to be the same as the expired one.

“You cannot revive something that no longer exists. You cannot tell me that you can revive a dead horse. The information obtained under this authorisation cannot be admissible as evidence,” argued Jorgensen.

“What was the point of stipulated guidelines for undercover authorisation approval if they were not necessary, as Sanker was suggesting when he said he did not see anything wrong with extending the expired approval?”

State advocate Val Dafel asked Sanker whether he believed that he complied with the guidelines when giving permission to these undercover operations. Sankar replied he hoped so. Magistrate Fariedha Mohamed postponed the matter to Monday.

According to the charge sheet, Govindasamy allegedly stole 14 x 9mm magazines, 50 live rounds, 46 R5 rifle rounds, 19 shotgun live rounds and 49 x 9mm short live rounds of ammunition. He is also accused of stealing 11 bulletproof vests, a police radio and items of SAPS uniform, including firearm holsters, trousers, shirts and skirts, from police stations in and around Chatsworth.

The State alleged that Govindasamy had stolen items from the stores between April and October 2017.

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