Cop applies to have kidnapping and assault charges withdrawn
Decorated Gqeberha policeman Warrant Officer Severiano Blundin may walk away a free man if he is successful in an application to have charges of kidnapping and assault withdrawn.
Yesterday, Blundin’s lawyer, advocate Jason Thysse, brought a Section 174 application after the state closed its case.
A Section 174 application means the defence is arguing that there is not enough evidence against an accused for the case to proceed.
Thysse brought the application on behalf of Blundin after previously telling the court there was the possibility the state was conducting a trial by ambush, and that there were discrepancies in a witness’s testimony and objectionable questioning by state prosecutor Phila Ndamse.
Blundin handed himself over to the police in March 2022, after the Independent Police Investigative Directorate (Ipid) concluded its investigation into assault and kidnapping allegations levelled against him, which started in 2019.
He was released on R1,500 bail and is still serving in the police. He pleaded not guilty to three counts of kidnapping, one of torture, and a charge each of assault common and assault with intent to cause grievous bodily harm at the start of his trial in November 2022.
According to the state, on March 15 2019, Alvardo Francis, Sherwin Eckhard and Keanu Arends were unlawfully arrested and kidnapped near Antelope Crescent, Gelvandale, at about 8pm.
It is alleged Blundin and another unidentified policeman arrested the three on the pretext the antigang unit wanted to profile them.
According to court documents, the men were detained arbitrarily in a white BMW before being driven to the parking area of the Algoa Park police station.
There they were allegedly assaulted and then driven around to different locations.
Black plastic bags were allegedly placed over their heads and their wrists bound with cable ties before they were released.
Arguments in the 174 application are expected to be heard on February 15.