Cape Town-130204-Jaede Fillies appeard at the High Court today. Fiellies, who made a video recording of the incident, is the only one of the four police officers against whom rape charges were not dropped-Reporter-Jade Otto-Photographer-Tracey Adams

Cape Town - The constable convicted of crimen injuria after making a video of a senior police officer and a Bonteheuwel woman having sex in a toilet at the Elsies River police station has apologised for his “childish” behaviour.

“I’m really sorry for making it. I degraded the complainant when I did it and I hope the complainant can forgive me,” Jaede Fillies said in a statement read out by advocate Adrian Montzinger in mitigation of sentence in the Western Cape High Court on Monday.

Fillies is the only police employee who has been convicted in the case. Former Warrant Officer Theodore Syster, accused of raping the woman, and admin clerk Beverly Carelse were acquitted of an array of charges including rape and kidnapping.

Judge Patricia Goliath found the State had failed to prove beyond reasonable doubt that the accused were guilty.

The case against a fourth accused, Constable Theo van Wyk, was discharged last year due to insufficient evidence.

The court heard on Monday that Fillies was found guilty of misconduct during an internal disciplinary hearing after the June 15, 2010, incident.

Fillies was fined R500 and suspended for nine months. Six of the nine months were suspended for two years meaning Fillies was suspended for an effective three months - two of which were unpaid.

Montzinger said Fillies had spent about a month in jail after he had been denied bail. He was only freed when he took the matter on appeal.

Montzinger said Fillies was a first offender, had shown remorse and suffered financial loss during the trial.

Prosecutor Evadne Kortje argued in aggravation of sentence as a police official Fillies had to uphold the Constitution, including the basic rights to dignity and privacy.

She said Fillies had no choice but to apologise and had not taken the court into his confidence by testifying why he had made the video.

“The accused was on duty. He had to serve the Elsies River community. The complainant was humiliated and disgusted,” Kortje said. She said Fillies had knowledge of “absolutely unethical” behaviour, but did not report it. Instead he kept it on his cellphone.

Fillies is expected to be sentenced on Wednesday.

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Cape Argus