State must pay R40m after break-in at police station
UK company to be refunded following theft by officers of recovered airport-heist cash
POLICE Minister Nathi Mthethwa has been ordered to repay close to R40-million to a British company after a brazen theft by police officers.
The order, which was made by Judge Nigel Willis in the High Court in Johannesburg earlier this year, is the latest chapter in the infamous 2006 R100-million heist at OR Tambo International Airport. The ruling has also led national police commissioner General Riah Phiyega to revisit an investigation into the related theft by police officers.
In a meticulously planned armed robbery, a gang stole a consignment of banknotes from an aircraft that had arrived from London Heathrow Airport. Following what was described as “sharp detective work”, the money was recovered and the robbers brought to trial and convicted. But the good police work was undone by a break-in at the Benoni police station where the money was being held in a safe awaiting an audit.
This led the British consigner of the money, G4S International UK, to sue the police minister for its loss of R14million, which had been entrusted to the police for safekeeping.
Willis found that the theft at the police station was clearly a “simulated break-in” and an inside job.
“It is quite clear that this money could only have been taken by police officers,” he said. “Access to the safe to remove the sums of money could only have been achieved through the inside knowledge of police officers.”
The judge held the minister accountable for the actions of the police officers, who “must, by virtue of their acting as police officers, have had information and access and the opportunity to steal money which it was their duty, having recovered [it] from criminals, to keep in safekeeping for handing over to the rightful owners”.
The court ordered the minister to pay the amount claimed by G4S International with seven years’ interest and the costs of its senior counsel — in the region of R40-million.
Lieutenant General Solomon Makgale, spokesman for the South African Police Service, said that the amount would be paid. However, the minister planned to appeal the judgment.
“[The] South African Police Service intends to comply with the court order. However, it should be noted that the SAPS has applied for leave to appeal certain parts of the judgment and is still awaiting a court date,” Makgale said.
Although three police officers suspected of the theft were later arrested, suspended and charged both criminally and through disciplinary proceedings, the charges were later withdrawn after a number of witnesses were killed.
Makgale told the Sunday Times: “Due to a lack of evidence … both the criminal and internal charges were withdrawn against the suspects.
“General Riah Phiyega is dissatisfied with the manner in which the matter was handled and has instructed that it be revisited immediately,” he added.