'Yengeni cop' to go on trial

2008-05-16 19:23

Johannesburg - Former Goodwood police station commander Siphiwo Given Hewana is to go on trial in the Parow Regional Court in September for allegedly interfering in the drunk driving case against former ANC chief whip Tony Yengeni.

Hewana faces charges of attempting to defeat the ends of justice, incitement or conspiracy to commit perjury and interfering with the drunk driving investigation.

Hewana on Friday made his second appearance in the Parow Regional Court in Cape Town before Magistrate Cathy Page, who warned him to return to court on September 16 when his trial is to commence.

A preamble to the charges, compiled by prosecutor Barry van der Berg, says Hewana had held the rank of Senior Superintendent, and was the commander at the Goodwood police station.

It said Yengeni was arrested on Monday night, November 26, on a charge of drunken driving.

The preamble said the police involved in the Yengeni arrest had stated under oath that the arrest took place at 00:30 that Monday.

Van der Berg alleged that Hewana had instructed the police involved in the case to open a second, false, docket, and to falsely state under oath in the second docket that Yengeni had been arrested about 21:00 that Sunday, instead of 00:30 on Monday morning.

Van der Berg said the police involved in the case had complied with Hewana's instructions.

At the time of his arrest, Yengeni had been subject to parole conditions, which had banned him from driving on a public road in the early hours.

Van der Berg said Yengeni had been taken for a blood test within the prescribed time limit, and that the blood sample had been properly sealed and handed to the police.

The sealed sample had to be kept securely under lock and key, to be forwarded for forensic analysis.

Instead, however, it was placed, unsecured in an unlocked drawer in Hewana's office, Van der Berg alleged.

In this manner, Hewana had enabled unknown persons to tamper with the sample, which had rendered the blood unfit for analysis.

For this reason, a charge of driving with a blood-alcohol level in excess of 0.05%, can no longer be pressed against Yengeni as an alternative to drunken driving.

The preamble said Hewana had a constitutional duty to ensure that all criminal cases were investigated in such a manner as to serve the interests of justice.

- SAPA