Stuart Hess
Minister of Justice Dullah Omar has asked for a report into Western Cape Attorney General, Frank Khan’s decision not to prosecute a former police superintendent accused of sexually harassing a colleague for six years.
Khan twice declined to prosecute Mario Laubscher, on the grounds that he was suffering from depression.
Carol van der Heever (27) alleges Laubscher, former station commander at Woodstock police station in Cape Town, tried to pull down her pants, told her he had wet dreams about her and said he would have sex with her before his retirement.
“He told me he had been trying to get me into bed for six years and … that as this was his last year, he would get it done. He often tried to touch my legs under the table and he rubbed his hand on my behind. He told me that he had had a wet dream about me … but before he could come his wife woke up.” She will now file for damages in a civil case.
Laubscher received a R1,6-million golden handshake after Khan dropped the charges two weeks ago.
“It feels as if he is laughing at me. I find it strange that he [Khan] has feelings for the defendant. That man [Laubscher] is fucking sick,” she said.
At an internal disciplinary hearing last year Laubscher was demoted and fined R500. The police watchdog, the Independent Complaints Directorate (ICD), is dismayed at Khan’s decision not to prosecute. It asked Khan to review the case again.
“We weren’t convinced that he applied his mind to this matter as his mandate requires,” said the ICD’s regional director, Riaz Saloojee.
The Western Cape police’s provincial equity manager, Jenny du Plooy, was not surprised by the decision. “It is an indication of the male dominated culture which still exists in the service. The psychological state of the perpetrator is taken more seriously than that of the victim.”
Van der Heever’s case has also been taken up by the gender commission. Its representative, Vivien Taylor, said they were concerned about the internal processes of the police and justice system. “We were very worried about the limited recourse she [Van der Heever] had regarding this matter. Her human rights were completely ignored,” said Taylor.
The legal representative for Rape Crisis, Bronwyn Pithey, said Khan should not be overly criticised as he was committed to prosecuting sex crimes. Laubscher and Khan were not available for comment.