News24

Guard used force to subdue vandal - lawyer

2012-05-28 12:59

Johannesburg - The lawyer for the Goodman Gallery guard arrested for assaulting the man who damaged The Spear said he used force to subdue the vandal as he resisted arrest.

Paul Molesiwa from Core Tactical, a private security company, is out on R1 000 bail.

He is charged with attacking Louis Mabokela, who defaced Brett Murray's painting of President Jacob Zuma with exposed genitals.

Molesiwa's lawyer, Rod Montano, said his client tried to restrain Mabokela after he had damaged the work, but that Mabokela resisted arrest.

"The guards were briefed that morning of bomb threats and death threats at the gallery. This is the context of this incident. It is our contention he was doing his job."

Montano said the guard battled to get a cable tie around Mabokela's hands.

"There have been accusations of racism, that my client attacked the man because he was black. That is not true," said Montano.

Footage of the incident showed the first vandal, a white man, making his statement and stepping back with his hands at his sides, Montano said.

"The first man did not need to be subdued."

Mabokela resisted arrest, hence the use of force to subdue him, he said.

In television footage of the incident the security guard is seen head-butting and flipping Mabokela to the ground.

The case against was postponed to June 29 in the Hillbrow Magistrate's Court.

Comments
  • Mark - 2012-05-28 13:03

    I agree

      Voiceinthedesert.co.za - 2012-05-28 19:38

      Please can everybody make sure they do not vote for the ANC we must make a stand against these dictators. If you should decide you don't want to vote, the ANC will automatically get your vote. i don't care who you vote for, as long as it is not the ANC. But please whatever you do, do not decide not to vote because the ruling party automatically gets those votes please please please

      pierre.devilliers.9231 - 2012-06-27 11:01

      This incident want me to vote for the ANC more strongly.

  • Henry - 2012-05-28 13:05

    Was more like the gaurd was sleeping and only woke up while the 2nd guy was defacing that fine work of art,otherwise the "prof" would have gotten some klaps too

  • Henri - 2012-05-28 13:06

    Leave the guard alone, why did there have to be a second guy trowing paint on.

      Darren - 2012-05-28 13:11

      …because the first guy didn't pay attention to detail.

      Fussed - 2012-05-28 15:28

      He never saw the bigger picture??????

  • Msika - 2012-05-28 13:08

    This lawyer must have been shown a different footage from what was shown on TV. Resisting arrest? Really?

      eradingoana - 2012-05-28 15:59

      Surely you might have seen the wrong one. The security guard would have not screamed in instructing the suspect to be "still" if there was no resistance.

  • monkinsane - 2012-05-28 13:09

    Not to sound like the usual trolls on news24, But give that guard a Bells! LOL hahahhaha Seriously though, the poor guy was just doing his job, if you watch the footage closely you'll notice that Makobela struggled and refused to be cuffed. That is why the guard reacted the way he did. La Grange was calm with his hands by his sides, and did not attempt to flee - that is why no force was neccecary. If you don't believe me, watch the video footage again, carefully this time.

      Nigel - 2012-05-28 13:24

      Dead right!! Many people who do not have experience in physically arresting someone fail to understand when the use of force should be applied. They think that 'resisting arrest' means the suspect must be violently fighting / shooting / stabbing etc etc. This is not the case. This suspect clearly resisted, and the guard had to up his physical application of force on two occasions to eventually bring the suspect to the point of submission. He was still resisting on the ground..... Now to do it any other way in SA is asking for trouble because the longer the 'push-pull' scenario drags out, the more chance there is that the knife / gun will be drawn, and once again the bad guys win. (unfortunately the head butt might still be found to be 'excessive force', although it didn't seem to bother the suspect much).

  • musamuskid - 2012-05-28 13:09

    Oh is this justice or what? What a waste of time...

  • lunghile.ndleve - 2012-05-28 13:10

    He is a security guard, he guards things. You try and destroy those things he is suppose to beat the crap out of you. If he had a gun, he was suppose to shoot the guy's leg. Otherwise he is not protecting the items assigned to him for guarding. What the hell!!!!!

      gailcarolynhayes - 2012-05-28 15:44

      To be honest as a white person with little respect for the painting's subject, this guard must be given credit for doing his duty. He may have felt the same about the picture as the defacers did and taking on one of his own under those circumstances deserves a bottle of whatever he may fancy.

  • kim.bezuidenhout - 2012-05-28 13:12

    "Shoot to Kill" was the instruction given - not "headbutt and cable tie". Seriously now - get with the program

  • solverman - 2012-05-28 13:16

    I wish I had that security guard working in my complex... did his job well, no PC involved. You break the law... you get arrested.

  • Bambanani - 2012-05-28 13:17

    the lawyer is talking rubbish,there was no risistance of arrest,he must see the footage again.

      Irene - 2012-05-28 13:37

      I think you need to see the footage again, then maybe you wouldn't make ridiculous comments.

      Nicolaas - 2012-05-28 20:19

      @Bamba-tolli, and ou must have the scan re-done to verify that that you have no brain cell!

  • richard.hipkin - 2012-05-28 13:19

    Ok - Tired of this story now. the whole Spear and guard and marching and racism and freedom of expression and and and and ad nuseum... There are schools without books, children being raped by taxi drivers, there are service delivery protests because government are too busy sweating over a painting.. Move on people, are your lives so boring?

      richard.hipkin - 2012-05-28 14:13

      You see Kagiso, I comment based on facts, you comment based on racism. That is the fundamental difference between you and I..

  • Mohau - 2012-05-28 13:26

    He thought he would get a promotion but a jail time. Stupid matjingilani!

  • Phumi - 2012-05-28 13:27

    I believe the security gaurd is foreign international from our neighbouring SADEC countries. Moving forward I would suggest that our government strip him of his citizenship and deport him to wherever he comes from. We have that power and we must not let the court decide for us in this issue! We have many like him working around Sandton and show utter disdain on black South Africans. We might not know the reasons behind this phenomenon but I believe it is jelousy of the so called freedoms we enjoy here. It is the same Africans who are reversing the gains trade unions of this country by settling for slave wages. Togethor with the labour brokers I still mantained that they be banned from any work that might prove to be a security threat for our fellow citizens and black in particular! I may be exagirating but it is these incidents that lead to our people to behave xenophobic!

      Irene - 2012-05-28 13:37

      Phumi and Kagiso sure overdosed on their bowl of stupid for breakfast this morning.

      richard.hipkin - 2012-05-28 14:16

      No Phumi, the reasons for xenophobia are pure hatred. Black South Africans hate everything and everyone. They hate white people, they hate successful black people, they hate gay people, the hate other Africans, they hate the West, the hate capitalism, they hate, hate, hate... Other African countries who also suffered colonialism cannot understand why you hate so much..

      Nicolaas - 2012-05-28 20:23

      @Phumi, and I would sugegst that you now leave the madams laptop alone and go wash the dishes, while you at it, please scrub the floor. At least he is prepared to make an honest living by that thing called work. Unlike you all nationalcriminal party supportas that waits for the corrupt stealing, thieving govament to give you a grant. Come to think of it, he actually contribute towards your grant by doing what? Yes, madam grandchild help you with the answer, by doing a honest day of work!

  • Loo - 2012-05-28 13:27

    MOER HOM ... anyone that comes onto my property and vandalise my stuff .. I head-butt and kick the crap out of him, resist or dont .. simple. Nothing to do with race ,, black white or pink ... Its to do with leve my stuff the F*** alone

  • Mohau - 2012-05-28 13:27

    He thought he would be promoted after that stupid act, but a jail time. idiot matjingilani!

  • Irene - 2012-05-28 13:36

    Viva Paul Molesiwa Viva! A job well done.

  • Bra - 2012-05-28 13:43

    The lawyer must be blind or stupid, the man never resisted arrest he was assualted for being black.

      Irene - 2012-05-28 13:50

      So now you're saying the black guard was racist to a black criminal? Get a life, we're so very tired of the race card. It's worn out.

      Brendon - 2012-05-28 14:01

      No... he was arrested for damage to property and was subdued as he was not allowing himself to be restrained, the fact that he is black is not a factor here.

      Rob - 2012-05-28 18:00

      By a 'black' - YAWN - Apartheid again...

      Nicolaas - 2012-05-28 20:27

      and you bra, come close to me and i will assault you for just being stupid! now continue picking up the leaves in baas garden, otherwise there will be no rooi proppie for you, or do you wish for a papsak!

  • Kagiso Spat Truthtell - 2012-05-28 13:55

    Paul Molesiwa is as stupid as they come and his lawyer had his fingers crossed when he was talking to the media...he sounds lyk a 10year old who stole a sweet...how naughty of him. Paul is a product of apartheid...he was taught to hate himself and his fellow black South Africans, how sad. We must seek to educate our ppl so that they dont have to be puppets of white business owners...our ppl must become the leaders in this country not settle for anything less. He assaulted a black man he must go to jail for being such a traitor and a lapdog of his racist bosses.

      Victer - 2012-05-28 14:22

      No paul has some commen sence.You are zuma's little lapdog.If zuma tel you too jump into the fire you will doo it.you are a racist

      HugoMabasa - 2012-05-28 16:10

      correct

  • James - 2012-05-28 14:04

    So what they are implying is that no criminal should be subdued into submission, we should instead politely ask them to desist from that which they are doing, be it murder, rape, corruption, hi-jacking, mugging, destroying property etc. Wow our crooks are becoming sterling members of society, or are they? more rights to them than those who need protection from them, I'm loving it!!!

  • Victer - 2012-05-28 14:18

    The gaurd is on bail for doing his job??.Have the police done their other job of finding the killers of the 5month old baby and nany.

  • barry.dogg.fritz - 2012-05-28 14:47

    give that man a bells , good head butt , we need more guys like him

  • Gaby - 2012-05-28 14:47

    @Hugh, thanks, you are quite correct.

  • gailcarolynhayes - 2012-05-28 15:40

    OMG - this was an unprovoked racist attack! Wha exciting news and all because of our Presidents ding-a-ling-a-ling. Never mind buried miners even if they are starving and illegal blacks whom the ANC President is supposed to represent but can't because he has so many wives and children of own to work for first (if it can be called work). Interesting to note that in a survey done amongst young people through Mxit Zuma gets about 6% support while Mr Mothlanthe gets about 17% and Zille 19%. People of all races between ages 16 and 25 or 35 were surveyed. I don't know who else was included and maybe I heard incorrectly.

  • eradingoana - 2012-05-28 15:58

    Every reasonable security officer would have acted the way he did. If you might listen to his tone when instructing the suspect to cooperate, one can understand that there was resistance.

  • Darron - 2012-05-28 16:04

    shoulda moered him harder... once again, people that commit offences have more rights.

  • HugoMabasa - 2012-05-28 16:06

    nja kanogada

  • Hendriek - 2012-05-28 16:07

    I was told lawyers are liers but today is confirmed

      Nicolaas - 2012-05-28 20:30

      and by looking at the spelling of your name, we can now confirm that you are stupid. Well done, your are in line for the IDIOT of WEEK price!

  • Bavumile Vum-Vum Mkhize - 2012-05-28 16:18

    Resisted or did not the guard ws doing his job. Criminal rights is what bothers me in our free country. They seem to hv more right than God himself (apology on the use of our Creator).

  • flysouth - 2012-05-28 16:47

    This entire case is a travesty and is usually termed 'frivolous' litigation - and therefore the court should never have entertained such a ludicrous case. The guard could not know what the vandal was going to do next - for all he knew the vandal could have been resisting arrest in order that he could pull out a weapon! Thus the guard did not use excessive force in this context and was totally within his rights, as would be any person making a citizen's arrest. The white guy made no moves to resist and therefore no force was required to arrest him.

  • Johan - 2012-05-28 17:41

    And what was he supposed to have done? ask him to surrender?

  • tshepo.ally - 2012-05-28 17:45

    i just have a problem with the headbutt. that was unnecessary.

  • Rob - 2012-05-28 17:58

    We need more Security Officials with 'balls' like this man to combat even the more 'lesser crimes'. Well done young man...

  • yummyhamster - 2012-05-28 18:18

    YES IT IS RACIST>....... black on black.. wow.. will this stupid country ever wake the hell up ? a criminal gets caught but the person who catches him goe sto jail and the crim goes free.. no wonder so many white people are leaving.. this country is going back to the bush/wild/animals/DARK CONTINENT......

  • Kevin - 2012-05-28 18:55

    I applaud the guard...he was doing the job he is paid to do! To charge him is ludicrous...more of the same PC lunacy that pervades this country...

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