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JMPD: Howard Dembovsky says charges against motorist from whom a R200 bribe was solicited (but not paid) was withdrawn

JMPD: Howard Dembovsky says charges against motorist from whom a R200 bribe was solicited (but not paid) was withdrawn
Photo by Duane Daws

4th August 2015

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You may recall the YouTube video of the JMPD officer soliciting a bribe from a motorist on Christmas day, 2014 which went viral in January 2015. Since then, there have been a number of developments we wish to share with you.

Background

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On Christmas day 2014, whilst returning to his home in the Pilansberg, Mr Greg Esterhuysen was stopped by a JMPD officer on the R512 going North just outside Lanseria Airport at approximately 17:55. The JMPD officer said that they were conducting an “Arrive Alive” roadblock to check for drunk drivers and offered Greg the choice of being breathalysed or paying R200 and proceeding on his way without being breathalysed. Greg, who was not under the influence of alcohol opted not to pay the bribe and his girlfriend video recorded the incident on her cell phone.

Greg’s refusal to pay the bribe caused the JMPD officers in question to become enraged and they subjected him to what appears to have been a rigged breathalyser test after arresting him and taking him to Honeydew Police Station, whereafter they drove him at breakneck speeds to a medical facility to have his blood drawn before taking him back to Honeydew Police Station to be detained.

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After being detained at Honeydew Police Station for several hours, he was released on R1,500 bail, to appear in court on the charge of “drunk and driving” (driving under the influence of alcohol) on Friday 31 July 2015.

Whilst at the police station, family members tried to lay charges of corruption against the JMPD officers, only to be told by a SAPS Captain that they could not lay such a complaint “because no money had changed hands”. Greg’s girlfriend also called the JMPD Anti-Corruption Hotline and left a message. She was not called back until mid-January 2015 after several reports appeared in the media.

In mid-January 2015, after becoming aware of the video JPSA contacted Greg and assisted him to lay a formal complaint with the JMPD's Internal Affairs Department and SAPS after the video went viral. Despite the fact that the complaint was formalised, the officer concerned has still not appeared before a disciplinary hearing. Greg has however NOT been intimidated by anyone since he laid these charges, contrary to the fears that many people hold to the effect that they will be intimidated if they do the right thing.

Update

On Friday 31 July 2015, Greg appeared at the Randburg Magistrates Court where his lawyer, Mr Jeffery Wheat of Geo Isserow and T L Friedman Inc. succeeded in having the charges against him withdrawn. Greg and his legal team will be taking the matter further by lodging a civil claim for damages against all parties concerned, including but not limited to the JMPD and the officers concerned, in their personal capacities.

“JPSA wishes to commend Greg for the active citizenry he has exhibited throughout this matter. From refusing to pay the bribe to enduring the abuse meted out to him when he was arrested and subsequently following through with the appropriate actions to gain remedy, Greg has shown unusual and extraordinary courage in standing up for what is right,” said JPSA chairperson, Howard Dembovsky.

“By submitting to corruption and/or not taking action when their rights are abused by law enforcement officers, people are unfortunately guaranteeing that corruption and power abuse will continue to spiral out of control,” he continued.

“However, if more people take the stance that Greg has taken, both, corruption and power abuse can be halted, or at the very least, diminished. You owe it to yourself, your family, friends and countrymen to help curb the tide of corruption and power abuse by not paying bribes and taking decisive action if your rights are abused” he concluded.

 

Issued by JMPD

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