Alderman JP Smith, mayoral committee member for safety and security, has expressed his relief over the recent judgement from the Western Cape High Court overturning the convictions and sentences of a City law enforcement officer on two counts of murder on appeal. These charges stemmed from a shooting incident that occurred on 7 January 2020.
Alderman Smith explained that on that evening, Officer Horn and his partner responded to an incident where they encountered an armed suspect threatening another individual on the streets of the CBD. Their actions resulted in the death of the perceived attacker, who turned out to be an undercover police officer attempting to apprehend a suspect.
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The law enforcement officer had been convicted of two counts of murder on 18 November 2021 and sentenced to ten years in prison. However, he was granted the opportunity to appeal this decision to a full bench of the Western Cape High Court by the Supreme Court of Appeal.
JP Smith highlighted the increasing number of attacks on police officers and law enforcement agencies in Cape Town and South Africa. He noted that Officer Horn faced unwarranted condemnation from political officeholders and NGOs during the trial, which led to a trial-by-media scenario.
Despite this, the City maintained its stance that the South African Police Service should be allowed to investigate the incident impartially and without interference.
Smith continued, stating, ‘At the time, the City also gave its full support and cooperation in the investigation. It was therefore most unfortunate that the Minister of Police, Bheki Cele, deemed it appropriate at the time to pronounce on matters which are best dealt with by the trial court, even before the investigation had been concluded.’
According to the accepted evidence, the police officer was engaged in undercover work on the night of the incident, dressed in civilian clothes and attempting to arrest a suspect for alleged drug dealing. It was during this operation that the law enforcement officer fired the two shots that killed him and the suspect.
The City supported the law enforcement officer in challenging his conviction, arguing that the court had failed to consider his account as possibly true. He asserted that the undercover officer had a firearm in his hand and pointed at the law enforcement officer when the shooting occurred.
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Furthermore, it was argued that the eyewitnesses who testified against him were unreliable, and their accounts contradicted audio recordings and CCTV footage that supported the officer’s claim of acting in self-defence.
On appeal, the Full Bench, consisting of three judges, found significant contradictions in the testimony of the witnesses and concluded that their evidence could not be regarded as reliable or trustworthy. The judges also emphasised the need to consider the situation from the perspective of the individual being attacked, given the split-second decisions that had to be made.
The Acting Deputy Judge President, Le Grange, highlighted that the audio recording indicated that the undercover police officer’s actions had posed a real and immediate threat to the lives of the law enforcement officer and his partner. The two shots fired were deemed a proportionate response to neutralise this imminent threat.
Alderman Smith claimed that, due to the challenging and high-pressure environments in which officers operate, the City has continued to invest in the training of its officers, enabling them to make life-altering decisions in critical moments. The Cape Town Metro Police Training College will reportedly soon introduce real-life scenario training using an immersive firearms simulator.
Additionally, the City has initiated the deployment of body-worn cameras (BWC) and in-vehicle dashboard-mounted cameras (dashcams) for law enforcement officers. These technologies aim to enhance situational awareness, improve evidence-gathering, and ensure transparency and accountability. Digital evidence collected from these cameras will be used in prosecuting offenders and increasing conviction rates.
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Picture: Kelly Sikkema / Unsplash