Cape Town - One of two former police officers in court for the assault of a naked Nigerian man in the CBD has been found guilty, while the other will stand trial.
On Friday David Gunn and Gerrit Januarie, both former warrant officers, appeared in the Cape Town Magistrate’s Court where Januarie pleaded guilty to a charge of assault with intent to do grievous bodily harm. Gunn pleaded not guilty.
The pair, who were stationed at Cape Town police station, were charged following an incident outside the Sky Sports Bar and Restaurant in Riebeeck Street on March 6.
Earlier, the court ordered that the victim’s name be withheld. The assault was filmed on cellphone and went viral, resulting in both men’s arrest and their subsequent release on bail of R1 500 each.
Gunn was dismissed after a disciplinary hearing, and Januarie resigned before disciplinary action could be taken against him.
In his plea explanation read out by his lawyer, Jacqui Muller, Januarie admitted to kicking the man in the private parts, punching him in the stomach and hitting him in the back with his elbow.
He said he had been sent to investigate an attempted robbery at the Sky Bar. On his arrival, he found the man naked on the floor. Januarie said the club owner showed them an axe and told them the man on the floor had tried to rob the bar.
Magistrate Moegamat Esau convicted Januarie of assault after he admitted to hitting and kicking the naked man and conceded that there “was no reason to use that degree of force on him”.
Esau then separated the trials. Gunn’s matter will be held at a later date in the Cape Town Community Court, a “backlog” court of the magistrate’s court.
Sentencing was postponed to Friday.
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