Durban - A former police captain charged with sexually assaulting his subordinate, claimed the policewoman fabricated her evidence and his legal counsel called for his acquittal.
This was heard on Thursday in closing arguments in the Verulam Regional Court trial.
Magistrate Judy Pillay said she would hand down her judgment next month.
Mzikayifani Mchunu, 51, had pleaded not guilty to the charge at the start of the trial earlier this year.
It is alleged he had, from 2010 to July 2014, sexually assaulted a woman constable by rubbing and touching her private parts, placing his hand in between her thighs and asking her to have sex with him while pointing at her privates.
Mchunu had testified to submitting notice of his intention to resign in 2014, four months before the last alleged incident on July 21, 2014, and that he resigned last year.
However, during closing arguments, prosecutor Kaystree Ramsamujh argued that “the writing was on the wall”, hence his resignation.
“There was no such thing in the police service of giving 12 months’ notice. I submit he knew of the allegations and the pending disciplinary inquiry, and therefore resigned to avoid all of this,” she said.
Ramsamujh also argued Mchunu was a “dishonest” witness who had numerous discrepancies in his evidence.
She told the court the policewoman was a reliable and honest witness as well as the three other State witnesses.
Ramsamujh said the woman did not immediately report the incidents because Mchunu was her superior and feared he would “manipulate the system”. “She feared losing her job. She was a constable at the time and he was a captain. She was in a vulnerable position and also feared being victimised,” Ramsamujh argued.
She asked the court to reject his version and convict him.
In response, his legal counsel, Tesley David, argued there were no witnesses.
She said her client alleged the policewoman had asked him to lend her R50 to buy lunch and he jokingly responded that he was “not a loan shark”.
Mchunu claimed the officer was upset.
Daily News