The officer handling a rape case on Robben Island this week was himself accused of rape six years ago, report Rehana Rossouw and Gustav Thiel
The police officer investigating the rape on Robben Island of political activist Nomboniso Gasa this week was himself accused of rape six years ago.
Captain Kevin Jones was tried in the Wynberg Magistrates Court for the rape of Abby Duncan, then 13 years old, and though he was acquitted in March 1993, the magistrate himself, AP Kotze, stressed that it did not mean he was innocent of the crime.
Kotze said that he regretted he could not convict Jones, but had no choice because Duncan had contradicted herself under cross-examination, and because the state had not proved its case beyond a reasonable doubt.
An internal police inquiry found Jones guilty of misconduct; he paid an admission of guilt fine of R150 in September 1993.
Abby Duncan left South Africa after that. She is 19 now, married and living in London. Contacted by the Mail & Guardian this week she spoke publicly for the first time about her experience, and she had a message for Gasa: “Believe that justice will be done.”
Gasa, 29, was attacked while staying overnight on Robben Island. She is employed by the Mayibuye Centre,which is establishing a museum on the Island. Gasa, who was recently nominated as a member of the National Gender Commission, is married to ANC MP Raymond Suttner.
Gasa herself spoke out on Thursday, because she said she did not want to carry her burden in silence.
“I do not want to be burdened by shame that is usually carried by women who have gone through this experience.
“I do not want to be reduced to merely being a victim. I’ve decided to talk about my experience because I feel that the rapist, whether he is arrested or not, wherever he is, has to deal with the human aspect of his assault.
“I do believe that my name being mentioned and my talking publicly may force him and others like him to confront what they have done.
She said to be raped on Robben Island was a “double violation”, of herself and of the attempts being made to transform the Island into a place of peace and tranquility.
“This place has a history of pain and suffering and one would have thought all South Africans would want to embrace it as a significant symbol of our history, the process of reconciling and building peace in our country.
`To me Robben Island is sacred ground, it will remain so even after this experience. The struggle for change is painful for all of us, I presume from what this man said to me that he himself is struggling with this. I am angry, very angry that he has chosen my body as a battleground.”
She criticised the police handling of her case saying she expected to be treated with “care, gentleness and respect” and had not received such treatment.
The choice of Jones as an investigating officer could only add insult to Gasa’s injury. It was without irony that a police spokesman said this Thursday that Jones was chosen because the original investigating officer “did not have the experience to deal with an offence of such a serious nature”.
In 1991 Jones was an officer with the Child Protection Unit, assigned to investigate allegations by Abby Duncan and her parents that she had been abused by a school teacher.
A few weeks after Jones began his investigation, Duncan’s family laid charges against him, alleging that he had sexual intercourse with the young girl.
During his trial in the Wynberg Magistrate’s Court, Jones was transferred from Child Protection to CID, but at the same time, he was promoted to the rank of detective warrant-officer. He has since been promoted again, to the rank of captain.
Duncan spoke out this week, she said, because she believed strongly Gasa needed her assistance, not only to deal with the trauma but also as a warning not to trust the officer assigned to her case.
“Hopefully two rapists can now be brought to justice by one case,” she said. “The police and the justice system let me and other unreported victims of Kevin Jones down when he was promoted to the rank of captain after my trial.
“The news that he was now investigating Ms Gasa’s case hit me hard because my family had been assured by the police hierarchy that he would never be allowed to investigate another rape case again. It has been proven that he is not able to perform with honesty and integrity.
“I find it inconceivable that he has been put in charge of this case. It is like the blind leading the blind.”