Jude Ward was visibly upset after the acquittal of a cop she claimed had assaulted her at the Camperdown police station.
|||“I am never going to drive to a police station for help again,” was Jude Ward’s vow on Tuesday after hearing that a traffic officer she claimed had assaulted her at the Camperdown police station had been acquitted of assault.
Ward had claimed the assault took place in full view of Camperdown police officers, who allegedly did nothing to assist her while she was beaten.
Transport Department principal provincial inspector Edward Xolani Mtshali held his head up high as he walked out of the Camperdown Regional Court, refusing to comment on the matter.
In stark contrast, Ward was visibly upset over the verdict, saying there was no doubt that she was assaulted because a doctor’s report had noted the injuries she had sustained.
She said she had pursued the case as she was fighting for the rights of other motorists.
Ward said she was travelling on the N3 on January 18 last year when a vehicle with flashing blue lights signalled to her to pull over. She had testified that because of the “extreme manner” in which the vehicle was being driven, she decided to go to the nearest police station, Camperdown, instead.
When she got out of her car, Mtshali allegedly grabbed her by the arm and pushed her. He demanded to see her driving licence, which she was unable to produce from her handbag as he was holding her hands.
Ward said he thrust her forward, twisted her and threw her on the floor. He also allegedly banged her head several times on the floor.
Magistrate L Perumal said the State had only called two witnesses, Ward and the doctor who had examined her after the incident.
He said he had to be mindful of the fact that Ward was a single witness and that there was no corroboration of her testimony.
After the State had closed its case, advocate Shane Matthews, who represented Mtshali, brought an application for his discharge, arguing that Ward was a “drama queen” who had grossly exaggerated the incident.
Perumal appeared to agree. “Having considered the evidence, the credibility issue has to come into play… the court is mindful of the fact that there were instances where the evidence was not up to standard.”
The evidence was so poor that that it brought Ward’s credibility as a witness into question, he added.
“The evidence is such that the court would not be in a position to convict,” he said, adding that Mtshali was entitled to a discharge.
Perumal did not comment on submissions by the prosecutor, Joshua Khuzwayo, that Ward’s testimony was supported by the findings of the district surgeon, Pieter Oosthuizen.
The doctor had testified that Ward was “frightened and semi-hysterical” when he examined her on the day of the alleged assault.
He found bruising on her left knee and elbow, and blood spots in the chest area of her blouse. He said she had complained of severe neck and forehead pain as a result of her head being struck on the floor.
Oosthuizen said, however, that he did not see any open wounds to explain the blood spots.
Following the incident, Ward was charged with reckless and negligent driving, and refusing to obey a traffic officer’s instructions, but was acquitted on all charges.
Ward’s attorney, Karin Hatting, said they were suing the Safety and Security Minister for general damages, unlawful arrest and assault.
Summons had already been served, but the matter had not yet been set down for trial.
Transport, Community Safety and Liaison MEC Willies Mchunu welcomed Tuesday’s verdict, saying he wanted to assure the community that officers were well trained and disciplined. -The Mercury