In 1988, I was a young upcoming Detective Sergeant at the Pretoria Murder and Robbery Unit, and proudly served under the command of Lt. Col. Suiker Britz. I was a founder member of the Rape unit established within Murder and Robbery, where we focused on rape cases but also attended to all crimes within our specified mandate.
In October of that year. I was on standby when a complainant had been found naked by a policeman, stranded next to the Mapobane Highway. She told him what had happened to her and he brought her directly to the safety of our offices.
The complainant proceeded to inform me of the horrific attack on her person and duly informed me that she had been working as an “escort” at Adele’s Escort Agency in Hamilton Street, located just below the Union Buildings. She told me that she had only been working as an escort for 6 days after having resigned as a typist at Justice Head Office in her endeavours to earn a better salary. The victim gave an honest and detailed account of everything that had happened to her, but our priority was her medical attention.
The complainant’s version of events raised many eyebrows at both the office and later at Court. The general comment was that a prostitute cannot be raped and good luck trying to prove that before a court of law. This was 1988 after all.
My commanding officer supported me throughout the investigation process. The main suspect had paid R350.00 for the services of an escort for a period of three hours. The complainant stated that any “extras” were between the escort and the customer but that in this case the matter was never under discussion, the suspect just pulled off on the Mapobane Highway, broke a beer bottle on the door of his vehicle, threatened to insert the same, unlocked the boot where his friend was hiding. and they then took turns in raping her. They then abandoned her naked next to the road.
Of course, then the sceptics said she was only complaining as the second one didn’t pay. Despite her “occupation” I at no time disbelieved her version of events and she never deviated on any facts pertaining to the case.
During the investigation I had cause to visit Adele’s escort agency to secure evidence. The entrance to the agency was via a staircase situated on the outside of the building. As I alighted the stairs on the corners of Hamilton and Edmond Streets, I could feel eyes glaring at me and imagined people muttering that I was probably booking on duty.
Once we had arrested both suspects and charged them the matter was set down for trial at the Pretoria Regional Court and the appointed prosecutor was Gerrie Nel. As much as I was a young upcoming detective, Mr Nel was a relatively young prosecutor from the former Northern Transvaal. We held an in-depth consultation concerning the leading of my evidence in this somewhat controversial, at the time, rape case. Gerrie was very thorough and was satisfied that we were court ready. He also believed in the credibility of our complainant.
The next morning, I entered the witness box and prior to being sworn in, the magistrate enquired as to whether I was English or Afrikaans speaking. As we had been taught in the College you should always give evidence in your home language, to ensure that you don’t misunderstand a question, specifically from defence counsel, I responded “English your worship”.
Gerrie Nel was not amused. and he later told me that he cursed me under his breath as we had consulted in Afrikaans and he was completely taken aback and unprepared to lead my evidence in English. Mr Nel said that he wasn’t fluent in English at the time as he was from the “platteland”.
In October of that year. I was on standby when a complainant had been found naked by a policeman, stranded next to the Mapobane Highway. She told him what had happened to her and he brought her directly to the safety of our offices.
The complainant proceeded to inform me of the horrific attack on her person and duly informed me that she had been working as an “escort” at Adele’s Escort Agency in Hamilton Street, located just below the Union Buildings. She told me that she had only been working as an escort for 6 days after having resigned as a typist at Justice Head Office in her endeavours to earn a better salary. The victim gave an honest and detailed account of everything that had happened to her, but our priority was her medical attention.
The complainant’s version of events raised many eyebrows at both the office and later at Court. The general comment was that a prostitute cannot be raped and good luck trying to prove that before a court of law. This was 1988 after all.
My commanding officer supported me throughout the investigation process. The main suspect had paid R350.00 for the services of an escort for a period of three hours. The complainant stated that any “extras” were between the escort and the customer but that in this case the matter was never under discussion, the suspect just pulled off on the Mapobane Highway, broke a beer bottle on the door of his vehicle, threatened to insert the same, unlocked the boot where his friend was hiding. and they then took turns in raping her. They then abandoned her naked next to the road.
Of course, then the sceptics said she was only complaining as the second one didn’t pay. Despite her “occupation” I at no time disbelieved her version of events and she never deviated on any facts pertaining to the case.
During the investigation I had cause to visit Adele’s escort agency to secure evidence. The entrance to the agency was via a staircase situated on the outside of the building. As I alighted the stairs on the corners of Hamilton and Edmond Streets, I could feel eyes glaring at me and imagined people muttering that I was probably booking on duty.
Once we had arrested both suspects and charged them the matter was set down for trial at the Pretoria Regional Court and the appointed prosecutor was Gerrie Nel. As much as I was a young upcoming detective, Mr Nel was a relatively young prosecutor from the former Northern Transvaal. We held an in-depth consultation concerning the leading of my evidence in this somewhat controversial, at the time, rape case. Gerrie was very thorough and was satisfied that we were court ready. He also believed in the credibility of our complainant.
The next morning, I entered the witness box and prior to being sworn in, the magistrate enquired as to whether I was English or Afrikaans speaking. As we had been taught in the College you should always give evidence in your home language, to ensure that you don’t misunderstand a question, specifically from defence counsel, I responded “English your worship”.
Gerrie Nel was not amused. and he later told me that he cursed me under his breath as we had consulted in Afrikaans and he was completely taken aback and unprepared to lead my evidence in English. Mr Nel said that he wasn’t fluent in English at the time as he was from the “platteland”.
Advocate Gerrie Nel
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Despite this the case progressed well and both accused were found guilty of rape and sentenced to 3 years imprisonment of which 18 months was suspended for a period of five years on certain conditions. The guilty verdict was a huge victory considering the circumstances and the relatively light sentence wasn’t an issue for either the complainant or us, as the most important issue for the victim was that we believed and supported her throughout.
That was my first interaction with Gerrie, and our paths crossed at various other times through our respective careers. |
Extract from (the then) Detective Sergeant Sharon Schutte’s Case Book
In 2005 Brett Kebble was murdered and the case docket was originally with the Serious and Violent Crimes Unit, Johannesburg. I was at the time the Head of Serious and Violent Crime nationally and had to brief the National Commissioner, Jackie Selebi. It was also at the time when the tension between SAPS and the Scorpions was extremely high. The Scorpions were conducting a project relating to Kebble’s financial dealings and SAPS was tasked with the murder investigation. My path with Advocate Nel crossed again
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In 2005 Brett Kebble was murdered and the case docket was originally with the Serious and Violent Crimes Unit, Johannesburg. I was at the time the Head of Serious and Violent Crime nationally and had to brief the National Commissioner, Jackie Selebi. It was also at the time when the tension between SAPS and the Scorpions was extremely high. The Scorpions were conducting a project relating to Kebble’s financial dealings and SAPS was tasked with the murder investigation. My path with Advocate Nel crossed again.
In February of 2008 I headed the Hi-Project Centre, a component established within the Detective Service. We focused on serious organized crime and utilized the most advanced technology available to link cases including the downloading of all detail on suspects mobile phones. I was absolutely flabbergasted when I noticed crime intelligence officers in the reception area of our secure offices with Advocate Nel in cuffs! The purpose was to download everything on his mobile phone. I was informed that he was under arrest for alleged perjury which later proved to be trumped up charges which were withdrawn. However, he was detained at Pretoria Moot overnight before being released without charge. Advocate Nel never instituted civil action against the police in this regard as he didn’t want to “relive what he had been through”. To me this is a tribute to the calibre of the man. |
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As a result of the extended Kebble investigations and issues that came to the fore, Advocate Nel led the prosecution of Jackie Selebi. Due to the politics at the time senior management of the police were directed not to interact directly with the now defunct Scorpions and the prosecuting team but all our dealings were to be channelled through specifically appointed co-ordinators. Without going into detail this resulted in many of us being declared hostile witnesses and we were subpoenaed in terms of Sect 205 to give evidence. We never refused to co-operate; we were following instructions. This gave the NPA the upper hand and we were forced to travel to Johannesburg every Monday throughout the duration of the Selebi trial, I believed then this was to belittle us. Currently, we were also subject to intense interrogation of every detail in our affidavits. In all honesty I was made to feel like a common criminal. I have to add that in retrospect this was not personal. I was never called as a witness by either the State or the defence.
After I retired from the police, I felt that I needed to see Advocate Nel as I wanted to look him in the eye and tell him face-to-face that I never lied throughout the Selebi saga. It was important for me to know that my integrity was still intact as after serving for 36 years it was essential to my emotional well-being for him to know this.
I made the call and we met at Café 41 across from the American Embassy during 2016. We sat for almost 3 hours, Gerrie really appreciates good coffee. It was a very fruitful meeting; we spoke very frankly about all the issues, and I left the meeting feeling extremely positive and hugely relived that I had the opportunity to clear the air.
It was during March of 2017 when Advocate Nel called me and asked if I would be interested in helping him to set up his newly established Private Prosecutions Unit at AfriForum. I had absolutely no idea what the job entailed or what AfriForum did at the time. We met again for coffee. and we agreed that I would just help out for two months. I was quite astounded to learn exactly what AfriForum did and found a very young and energised work force doing a tremendous amount of work for the community. The focus of the private prosecution’s unit was where there was a criminal case in which the National Prosecuting Authority declined to institute criminal proceedings and we believed there was possible merit in pursuing such a matter, we would look into the case. We were inundated with complaints and tried to help or redirect matters that were not within our mandate. We had many “walk-ins”, people who just arrived and demanded to be heard. Most of the people we interacted with were extremely frustrated with cases and there were many complaints against the police. Advocate Nel’s approach was that we would listen to anybody as that was a feeding ground for cases of substance and we had to sift through everything that came our way.
After I retired from the police, I felt that I needed to see Advocate Nel as I wanted to look him in the eye and tell him face-to-face that I never lied throughout the Selebi saga. It was important for me to know that my integrity was still intact as after serving for 36 years it was essential to my emotional well-being for him to know this.
I made the call and we met at Café 41 across from the American Embassy during 2016. We sat for almost 3 hours, Gerrie really appreciates good coffee. It was a very fruitful meeting; we spoke very frankly about all the issues, and I left the meeting feeling extremely positive and hugely relived that I had the opportunity to clear the air.
It was during March of 2017 when Advocate Nel called me and asked if I would be interested in helping him to set up his newly established Private Prosecutions Unit at AfriForum. I had absolutely no idea what the job entailed or what AfriForum did at the time. We met again for coffee. and we agreed that I would just help out for two months. I was quite astounded to learn exactly what AfriForum did and found a very young and energised work force doing a tremendous amount of work for the community. The focus of the private prosecution’s unit was where there was a criminal case in which the National Prosecuting Authority declined to institute criminal proceedings and we believed there was possible merit in pursuing such a matter, we would look into the case. We were inundated with complaints and tried to help or redirect matters that were not within our mandate. We had many “walk-ins”, people who just arrived and demanded to be heard. Most of the people we interacted with were extremely frustrated with cases and there were many complaints against the police. Advocate Nel’s approach was that we would listen to anybody as that was a feeding ground for cases of substance and we had to sift through everything that came our way.
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The two months resulted in a contract for two years. I thought it was quite ironic that an immigrant from Scotland, who joined the police ended up working at AfriForum. It was an absolute privilege to have had the opportunity to work alongside Adv Gerrie. He may be hard as nails in Court, but he is a really a great person to work with. He has a very dry and wicked sense of humour. As part of the private prosecutions unit our office language was English, most of our legal documents were drawn up in English and I can confirm that Adv Gerrie Nel’s English has improved in leaps and bounds since 1988, and he is indeed very competent and eloquent in the English language.
My road with Advocate Nel has been a long one, I have learnt a lot and am sure that he will continue to make history as he seeks justice, specifically in cases where perpetrators believe that they are above the law. Maj. Gen. Sharon Schutte
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NOTE:
The above story compiled by Maj. Gen. Sharon Schutte is one of many stories published in the memorial book. Each lady wrote her own story in her own words. In other words, the book should be seen as historical building blocks (original eyewitness accounts) with respect to police women from 1972 to 2022, rather than a literary artwork or history book.
The above story compiled by Maj. Gen. Sharon Schutte is one of many stories published in the memorial book. Each lady wrote her own story in her own words. In other words, the book should be seen as historical building blocks (original eyewitness accounts) with respect to police women from 1972 to 2022, rather than a literary artwork or history book.
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DEEL HIERDIE BLAD
