Pretoria - A Johannesburg Metro Police officer is claiming R1.5 million from the police and the justice minister after she was arrested and detained for “murdering” her husband, who committed suicide by using her service pistol.
Emma Phakoane, 45, was detained for 29 days before she was granted bail. The murder case was eventually withdrawn against her.
The mother of a 5-year-old was arrested two years after her husband, Harry Phakoane, shot himself in the couple’s Diepkloof home.
It was stated in court documents that her husband had on April 8, 2008, broke into the safe at their house where she kept her firearm. He shot himself while his wife was visiting a neighbour with their child.
Her daughter wanted to spend the night with the neighbours and went back home to fetch her pajamas. The house was locked and she came to call her mother.
Phakoane said when she got to the house, all the doors were locked. She looked through the kitchen window and saw blood on the floor. She phoned the police and the paramedics, who declared her husband dead on arrival.
When it was established that he was shot with her service pistol, she was told that she was a suspect.
But a senior officer on the scene called for experts from Pretoria to reconstruct the scene, to establish whether or not it was a murder.They concluded that it was indeed suicide.
An inquest was held and Phakoane said she was told to sign a document. Two years later, in February 2010, she was at work when a detective arrived to say he was investigating her husband’s death. She was told to go to Diepkloof Police Station the following day. There she was arrested and held in police cells.
She was taken to the Protea Magistrate’s Court and charged with premeditated murder. Her case was postponed and she was held in custody in Johannesburg Prison.
While in jail, she said, an officer extorted R4 000 from her and promised that if she paid him, he would ensure she received bail. She paid the cash but he never secured bail.
Her case was postponed several times before she was eventually granted R5 000 bail. The director of public prosecutions eventually withdrew charges against her.
Phakoane said her child suffered psychological trauma staying with family members for 29 days while her mother was in jail. When Phakoane went back to work she was not allowed to wear uniform or go out on patrol. This was degrading, she said.
She claimed police and justice officials were malicious in arresting and prosecuting her. They denied that, stating fingers did point at her at the time.