Fish Hoek man assaulted by cops charged

The Independent Police Investigative Directorate (Ipid) and SAPS are probing Fish Hoek police officers who were videoed assaulting Joel Richard Gaffley, 28, with batons while he laid defenceless on the ground.

The Independent Police Investigative Directorate (Ipid) and SAPS are probing Fish Hoek police officers who were videoed assaulting Joel Richard Gaffley, 28, with batons while he laid defenceless on the ground.

Published Aug 16, 2022

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Cape Town - Members of the Fish Hoek Community Policing Forum (CPF) allegedly received a hostile reception and were refused permission to speak to a man captured being severely assaulted by two police officers in a video that has since gone viral.

A local resident, Joel Richard Gaffley, 28, was attacked outside his house in Emerald Crescent with what appeared to be batons after he allegedly called the police to report a missing person, according to eye-witnesses.

Gaffley appeared in the Simon’s Town Magistrate’s Court on assault charges and was released on bail on Monday.

His case was postponed to September 20 for a “possible mediation,” according to the National Prosecuting Authority (NPA).

While the two officers are now being investigated by the Independent Police Investigative Directorate (Ipid), Fish Hoek CPF chairperson Jonathan Mills said after being alerted to the possible case of police brutality on Sunday, two of their members went to the police station to seek clarity on what had led to the incident and check on Gaffley's well-being.

“We were refused permission to speak with the prisoner or any information on his condition. The shift commander also refused to accept the video into evidence and to provide an OB reference for our visit. The CPF members objected to the shift commander who responded with hostility. Claims of racism on our part were made by the other sergeant present,“ he said.

Mills said they have since lodged a complaint following their treatment.

“The CPF is a partner of SAPS and for our members to be verbally abused and physically assaulted in this manner when following-up on reports made by members of the community is not acceptable. We will be following-up on the charges which have been laid by both parties in the original incident and have submitted our own complaint, along with further video evidence, regarding the behaviour of both members in the charge office to the Station Commander and the CPF Cluster Board for investigation,” he said.

Police spokesperson Brigadier Novela Potelwa said SAPS management in the Western Cape has appointed a senior official located at the district level to probe the incident.

“While criminal investigations into the conduct of SAPS members fall within the ambit of the Ipid, the SAPS internal investigation will focus on whether the members had flouted any disciplinary prescripts that relate to the conduct of police members. It is also worth noting that one of the police officials captured in the video has opened a case of assault against a police official at the Fish Hoek police station against the man in the video. The man in the video has been sent to a medical facility for treatment and he too opened an assault case against the police officials. The docket will be referred to the Ipid. The SAPS management would urge that space be given for investigations into the incident to unfold without interference,“ said Potelwa.

Attempts to speak to Gaffley were not successful by deadline .

Detailing the incident, an eye-witness claimed an altercation had broken out between Gaffley and the police before he was assaulted.

“They hit him until he went to the floor then carried on beating him with batons even when he was down. Neighbours and passer-byers were screaming for them to stop. I called the police station to ask for help and a police sergeant said ‘there must be a perfectly good explanation why they are beating him’ to which I answered ‘is it normal to be beating a person who is on the ground?’ and his answer was ‘maybe I'm not normal’ and he put the phone down. I am disgusted and shocked to say the least,” said the eye-witness.

Ipid spokesperson Grace Langa said: “Ipid was informed of the matter last night (Sunday) and today (Monday) we sent Western Cape investigators to collect the docket and resume it's investigations. After collecting statements from witnesses then we will be in a clear picture of what really transpired,” said Langa.

Action Society's director of community safety Ian Cameron called for the officers to be charged and suspended pending the investigation.

WARNING: THE VIDEO CONTAINS OFFENSIVE LANGUAGE

“The actions of the SAPS members seen in the available video clips cannot be justified. Even with potential pre-video evidence of possible wrongdoing by the man that is seen lying on the ground, they cannot justify beating an unarmed man while lying on the floor. It is an increasing and worrying trend that again indicates a need for urgent police reform. These members should not only be investigated by Ipid, but should be charged and suspended pending the investigation,” he said.

Cape Times