DURBAN - FORMER Bayview police officer Samuel Govindasamy, 46, went on trial to answer for missing firearms and ammunition at the Durban Regional Court on Tuesday.
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.
Govindasamy was a warrant officer in the police at the time of his arrest. He pleaded not guilty in court.
On Tuesday, the State called its first witness, Captain Mduduzi Ndlovu, who is the investigating officer for the Directorate for Priority Crime Investigation (Hawks). Ndlovu testified that Govindasamy worked at the stores in which the equipment was kept. The State alleged that Govindasamy had stolen items from the stores between April and October 2017.
Govindasamy was arrested last year, together with a cleaner at the Bayview SAPS, Inderaj Bisoondaram, 54. Bisoondaram had already pleaded guilty.
He was sentenced to five years’ imprisonment in February this year for conspiracy to commit corruption, corruption, unlawful possession of stolen property, unlawful wearing or use of a police uniform and unlawful possession of ammunition and theft.
He was further sentenced to 12 months’ imprisonment for the unlawful possession of ammunition. The sentences are running concurrently.
Ndlovu said Bisoondaram was responsible for finding clients who would buy the equipment. Ndlovu said he had to use undercover operation tactics to get information. Undercover policemen from Pretoria and Port Shepstone allegedly bought equipment from Govindasamy. The policemen carried recording devices.
Govindasamy, who is out on R10 000 bail, was represented by advocate Paul Jorgensen, who appeared to be punching holes in the State’s argument. Most of the argument was around the legality of the permission from the Director of Public Prosecutions (DPP) to use undercover investigations as per section 252 of the Criminal Procedure Act.
The defence argued that the investigating officer’s second and third authorisation extensions could be invalid because they were requested after the first had expired. Jorgensen said any information obtained thereafter was inadmissible as evidence.
Jorgensen demanded to see documents explaining the reasons why requests for the extension had to be asked after authorisations had expired. Ndlovu promised to bring the new information when the trial resumes on Wednesday.
Daily News