Ex-cops appear on naked assault charge

Copy of IOL police badge generic Independent Newspapers File picture: Skyler Reid

Cape Town - The case against two former police officers who allegedly kicked a naked Nigerian man was postponed by a Cape Town court on Monday morning.

David Gunn, 43, and Gerrit Januarie, 46, both of whom were warrant officers at the time of the alleged incident, appeared on a charge of assault with intent to do grievous bodily harm.

The matter, being heard in the Cape Town Magistrate's Court, was held in the Cape Town Community Court because of a backlog. It had been set down for plea and trial.

However, Isaac Korasie, for Januarie, said his client had not given him financial instructions.

He requested a postponement until September 19 for this purpose.

Grant Smith, for Gunn, said he was unhappy with the delay because his client was ready to proceed.

“In all fairness to accused number two [Januarie], we would appreciate this is a serious matter. I really cannot see him conducting his defence on his own,” said Smith.

The State objected because there had been two months to sort out finances.

The court granted a final postponement until that date, emphasising the trial would start then.

Smith indicated six or seven witnesses were likely to testify.

In March, a woman in a building in the Cape Town CBD used her cellphone to record the man being stripped naked and beaten in the street below. The video clip went viral on social media after it was posted online.

Gunn was dismissed from the police after disciplinary action. Januarie resigned before disciplinary action could be taken against him.

Under their bail conditions, they may not try to make contact with any witnesses or visit or speak to ex-employees of the Cape Town central police station. They are not allowed to visit the Sky nightclub in Riebeeck Street, near where the alleged assault took place.

At their first appearance, the court ordered that the victim's name not to be published. The order also applies to the names and identities of all witnesses.

Sapa


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