Alleged drug dealer loses bid to sue police for unlawful arrest

AN ALLEGED drug dealer has failed in his bid to sue the police ministry for unlawful arrest and detention, in a case of mistaken identity.

Robert Groves was arrested with a number of other suspects during an undercover drug operation carried out by police in 2016 at a premises described as a house shop and shebeen, according to the Makhanda High Court.

During the authorised operation on September 7, 2016, undercover Constable Jacobus Zaayman, purchased a white substance identified as mandrax, having recorded the transaction covertly on a discreet camera.

According to the court papers, “on 8 September 2016, Zaayman presented himself at the premises for the second time and purchased ‘tik’ in addition to mandrax. It is not seriously disputed that, on the version of the first respondent, the footage recorded by Zaayman on the second occasion served as evidence for an additional investigation docket being opened and a further charge for dealing in drugs (against Groves).

“On that day Zaayman purchased three mandrax tablets (colloquially known as ‘vollas’) through a window of the premises while Groves, clad in a red T-shirt, stood in the yard at the driver’s side of a BMW motor vehicle. It is not disputed that the footage, as recorded, does not present a clear identification of Groves,” the court documents read.

Groves claimed he was arrested in the absence of a warrant.

“When the police gained entry to the premises, (Groves) was informed that there was a warrant for his arrest but could not recall the name of the officer who addressed him. He enquired as to the whereabouts of the warrant but was rebuffed and told to dress warmly and get his medication.

“At the police station he was handed a document and told to sign it. When he read the document it disclosed the reason for his arrest, more specifically the charge of dealing in drugs. He was taken to court and while detained in the court cells, at which time he was consulting with his legal representative, the prosecutor walked by. His legal representative approached her and requested his release on bail – adding that … Groves did not have any other cases against him. According to Groves, the prosecutor merely indicated that she needed to verify this information,” court documents read.

On October 6, 2016, Groves was granted R2 000 bail and released.

The charge against him was withdrawn on May 30, 2018.

“(Investigating officer William) Dietrich conceded that he could not identify Groves and because the footage was unstable, he relied on Zaayman’s identification given under oath. Hence he engendered a belief that Groves was a suspect. Although Dietrich had previous knowledge of the identity of Groves, he examined the footage to establish that a transaction had been concluded in which drugs were traded for money. Significantly, Dietrich did not, at the relevant time, have knowledge that Zaayman had mistakenly identified the appellant as the person from whom drugs were purchased, nor did Dietrich have a suspicion to the contrary.

“As a matter of fact, he acted on the basis that there was direct evidence of a transaction involving the sale of drugs. In these circumstances Grove’s allegation of malice is not supported by the evidence or the probabilities; nor can it be seriously contended that there was an absence of reasonable and probable cause that … Groves was guilty,” said Judge Mandela Makaula.