Police trap ‘illegal’ says cop drug accused

A MDANTSANE constable has challenged the legality of a police trap in which he was allegedly caught selling mandrax tablets.

Reneal Francis, appearing in the East London regional court yesterday, applied to be discharged from the charges he faces because he claims the evidence from the undercover operation was inadmissible.

The 30-year-old police officer, the son of a high-ranking member in the East London cluster, faces corruption and drug-trafficking charges after allegedly selling the drugs to an undercover policeman.

The court will rule on his on July 22.

Francis was one of a number of policemen arrested for allegedly confiscating drugs they came across during raids on drug outlets but, instead of handing the drugs over, sold them.

One of his former colleagues, reservist constable Daluxolo Mgqibelo, has already been jailed for 15 years.

In the current case, Francis said he participated in the trap, orchestrated by an undercover policeman who may only be identified as “Eric”, because he believed it was an innocent and legitimate training exercise which would lead to him being appointed to the police Crime Intelligence Unit.

According to argument yesterday by his counsel, advocate Terry Price, the director of public prosecutions’ consent for a trap did not cover the time periods nor the manner in which the traps were conducted.

Price said it was common cause entrapment took place on November 14 and 30, 2012. The contents of a video showing the exchange between Francis and Eric were also common cause, as were the fact drugs and money were brought to the scene respectively by Francis and Eric.

However, he said the constitution was clear that where evidence was improperly obtained, it could not be admitted against an accused, unless the exclusion of the evidence would taint the administration of justice.

Price said there was no evidence of what prompted Eric to decide he should subject Francis to an undercover investigation.

Despite Eric’s evidence, Price said Francis had always been aware that Eric was an undercover cop.

He said Eric had gone beyond merely offering an opportunity for Francis to commit a crime.

Serious crimes prosecutor advocate Henke Ackerman said it was improbable that Eric, a low-ranking policeman, was able to ensure Francis got a job in either the crime intelligence or organised crime units.

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