Andy Duffy
A senior Western Cape police officer, found guilty by the police force of sexually harassing a female colleague, has been given a R1,6-million golden handshake, following a decision by the provincial attorney general to drop criminal charges.
The former commander of the Woodstock police station, Mario Laubscher, walked off with his bumper retirement package in April after Attorney General Frank Kahn decided Laubscher had suffered enough.
The police had demoted Laubscher and fined him R500, after ruling that he had frequently touched up a female officer under his command.
Kahn’s decision has enraged the Independent Complaints Directorate (ICD). It says the ruling fuels the perception that the justice system goes easy on rogue police, and takes sexual offences lightly.
A police internal hearing last October stripped Laubscher of his rank as senior superintendent, fined him, and ordered his dismissal – but suspended his discharge for 12 months. Laubscher was transferred to provincial police headquarters.
The complainant, who still works at Woodstock police station, then went to the ICD. It investigated and recommended Kahn prosecute Laubscher on charges of sexual assault and defeating the ends of justice.
Laubscher, an officer for 34 years, applied to take early retirement in February. Police management granted his wish as soon as Kahn withdrew the case.
Kahn, however, quoted Laubscher’s departure as one of his reasons for dropping the charges. “Even should it be accepted that there is a prima facie case against Laubscher I have decided to withdraw the charges on humanitarian grounds,” Kahn told the ICD.
Laubscher was also suffering from ill health and acute depression, Kahn said, and “it has also been taken into account that he has suffered as a result of the publicity that was given to this case”.
ICD regional director Riaz Saloojee says Kahn’s arguments were actually for the court to decide, possibly as mitigating evidence, and not a justification for not prosecuting.
“It seems quite clear that the officer was not dismissed as a result of his misconduct but rather that he [had] elected to accept a retirement package,” Saloojee says.
“As long as we continue to treat complaints of this nature lightly, complainants in these matters, particularly those victims in the workplace who are at a power disadvantage, will be forced to endure violations of their rights and persons in silence.”
The Human Rights Committee, the Centre for Conflict Resolution and other lobby groups also plan to raise the issue with Minister of Justice Dullah Omar.
“It is against the public interest to prevent this case from going to trial,” the group says. “Where are the victim’s rights to redress and due process in this circumvented process?
“The message this sends out to the victims as well as the public is that senior managers in the police can engage in acts of sexual harassment, will not have to stand trial and yet can still walk away with a huge retirement package.”
Kahn was overseas this week, and his office was unable to comment at the time of going to press.
But a representative for the Western Cape police says the disciplinary action against Laubscher sends out a “clear message” that police will come down hard on offenders within its ranks.