Ex-cop loses damages claim

A WELL-KNOWN former commander of various specialised investigating units in the police, including the notorious murder and robbery unit, Lieutenant-Colonel Andre Austin, lost his R3.7 million damages claim against the Minister of Police and various SAPS officers following allegations of unlawful arrest, detention and malicious prosecution.

Austin instituted claims in the High Court in Pretoria after he had been arrested for unlawful possession of a firearm. He was locked up for a few hours in a police cell, before he received bail.

Nothing came of the charge against him. He was arrested a few days later for, among others, defeating the ends of justice. It was claimed he had received money from an alleged diamond smuggler to “ensure that the case docket against him disappeared”.

He remained behind bars for 21 days before he was released. Nothing came of these charges against him.

Austin blamed the police for his arrests and accused the officers of fabricating evidence against him.

Austin was in the police for 32 years before he was discharged for medical reasons.

He subsequently obtained a company which undertakes debt collecting. Austin’s arrest in March 2011 stemmed from his association with two men – Rudi Strydom and Wouter Viljoen – who were implicated in a fraud scam.

Judge John Murphy in his judgment referred to Viljoen, who made incriminating statements which led to Austin’s arrest on both occasions.

He said Viljoen – who had about 47 previous convictions – was a seasoned criminal. Viljoen, while in jail, made a statement to the police to the effect that Austin had an illegal R4 rifle in his possession.

Another statement by Viljoen claimed Austin promised to assist a diamond smuggler by making his police file disappear and Austin was again arrested.

The charges were subsequently withdrawn.

Viljoen, who was released on bail soon after making the statements, denied he made the incriminating statements and alleged the police had made up the charges.

But Judge Murphy rejected this and said it was clear Viljoen had ulterior motives for making the statements. He said while the police may have been over-zealous in arresting Austin, at the time they had reasonable suspicions of wrong-doing.

The judge said if Austin wanted to blame anyone, it should be Viljoen, the author of the incriminating statements, and dismissed the claims.