Cape Town-130128-Three policemen found guilty of the rape of a woman in the Elsies River police station toilet appeared in the Cape High Court this morning for judgement. A fourth man, Theo van Wyk was acquitted. In pic is Theo Syster-Reporter-Jade Otto-Photographer-Tracey Adams

Cape Town - Three former police employees have been acquitted of raping a Bonteheuwel woman in a toilet at Elsies River police station almost three years ago.

On Thursday, Western Cape High Court Judge Patricia Goliath found that there was insufficient evidence to secure a conviction on the rape charge.

But one of the men, Constable Jaede Fillies, was convicted of crimen injuria for filming the incident on a cellphone.

Initially four police employees were implicated. Warrant Officer Theodore Syster, Fillies, admin clerk Beverly Carelse and Constable Theo van Wyk faced a range of charges related to the incident, including rape, kidnapping, crimen injuria and defeating the ends of justice.

Syster and Fillies faced seven counts each while Van Wyk faced three and Carelse two.

The State alleged Fillies and Syster kidnapped the 29-year-old woman and her boyfriend from Viking Park, Epping, on June 15, 2010 and took them to the police station. Her boyfriend paid a R100 public nuisance fine and was told to leave.

Syster allegedly raped the woman inside a toilet at the police station while Fillies allegedly filmed part of the incident on a cellphone. Van Wyk had allegedly known about the rape and the video, but had lied about it in a sworn statement.

Syster, Fillies and Carelse had also allegedly tried to coerce the woman into dropping the rape case.

The men were first arrested in mid-2010 and the case was moved to Parow Regional Court for trial, but in March 2011 the matter was struck from the court roll.

The director of public prosecutions decided to recharge the men and move the case to the High Court for trial.

They were released and warned to appear in the High Court last year and a full trial began.

But at the end of the State’s case Judge Goliath found that there was insufficient evidence to convict Van Wyk. He was discharged in November.

Fillies will appear alone in the dock on Monday when sentencing proceedings against him are set to get under way.

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Cape Argus