Paul Kirk
Tycoon Jonty Sandler is to be charged with indecent assault, three months after allegedly raping a 22-year-old security guard. But a top KwaZulu-Natal policeman has accused the province’s director of public prosecutions of going soft on the millionaire businessman.
The original police docket included sodomy, indecent assault, bribery and pointing a firearm.
“If the suspect had been anyone else they would have been arrested and have appeared in court by now,” said Senior Superintendent Jim Wilkins, station commander at the sleepy Drakensberg village of Himeville, where the incident took place.
The police have also confirmed shocking new details of the alleged sex attack, which they said this week had been pulled off at gun point. They say the security guard needed several stitches in his rectum.
Wilkins accused KwaZulu-Natal Director of Public Prosecutions Mokotedi Mpshe of having stalled the case against Sandler before finally deciding on a charge of indecent assault this week.
“The Constitution guarantees the accused the right to a speedy trial. But what about the victim? How is this victim meant to have any faith in the justice system when he is left in the lurch for months without being told what is happening? I understood rape was a priority crime in this country.”
The alleged rape occurred soon after Sandler arrived at the two-star Himeville Arms Hotel in early October. After allegedly asking the security guard to accompany him to his room, Sandler invited the man in for coffee, an offer he declined.
When Sandler offered the guard R100 for his company he entered the room, whereupon Sandler allegedly tried to kiss him.
The victim told the Mail & Guardian this week that he then pushed the 49-year-old tycoon away and handed the money back, only to be given another R100 note and have Sandler threaten him with a pistol.
After undressing the man, Sandler is alleged to have raped him brutally for more than an hour.
Staff at the hotel who spoke to the M&Gsaid the room was “covered in blood” the morning after.
After escaping from Sandler some time after the attack the man went to his mother – a cleaner at the hotel – who called the police.
Within minutes Himeville police were on the scene and took the victim to the district surgeon. They also took possession of the two R100 notes Sandler allegedly paid the man with. These notes are to be used as evidence against Sandler.
A medical report, compiled by district surgeon Grant Lindsay and shown to the M&G, states that the alleged rape was undertaken with great violence. The victim suffered wounds consistent with being sodomised and required medical care.
After the medical examination was completed Wilkins said he instructed his men to obtain a warrant for Sandler’s arrest from the local magistrate.
“When we got to the hotel with the warrant Sandler asked to make a call to his legal people,” Wilkins said.
“He managed to have the warrant stayed. It was incredible. Nobody else could have secured that sort of treatment.”
After telling the investigating officer, Inspector Suitbert Shezi, that Deputy Director of Public Prosecutions Gert Engelbrecht had stayed his arrest, Sandler went back to his room.
Shezi, a highly experienced detective and commander of detective services in Himeville, believes Sandler should have been arrested “there and then”.
After attending a horse show in the morning Sandler left his hotel at 4:30pm in the afternoon – the time he was scheduled to check out.
Meanwhile, the police are considering investigating extortion charges against the owner of the hotel, who allegedly offered the security guard money to drop his case against Sandler.
The week after the incident the victim was allegedly approached by a senior member of the hotel staff and offered R50 000 to drop the case.
The victim told the M&G that he agreed to accept the bribe as he was worried that if the case got to court he would lose and not get anything in compensation.
After agreeing to the offer, the guard was driven to the La Lucia home of the hotel owner, Norman Reeves, who, he said, dictated a statement to him. The statement claimed that the guard had voluntarily allowed Sandler to molest him, that he had not been forced into it and that at no time had Sandler pointed a gun at him.
After making the statement the victim was told to show it to the investigating officer, he said, but was now only offered R30 000. Reeves, in dire financial straits, had apparently decided to keep the rest.
With a greatly reduced pay-off the victim decided not to retract his claims and told the investigating officer about the bribe offer. He also tore up the statement Reeves had allegedly dictated to him.
Said Wilkins: “We have not opened up a case against Mr Reeves. But, based upon the statements in the Sandler docket we may launch an investigation into Reeves. The charge would probably be extortion.”
Since refusing to withdraw charges the victim has allegedly received telephonic threats from Reeves. Police have taken statements to this effect.
Reeves, the former owner of Combat Group security, has changed his cellphone number. His telephones have also been disconnected – according to a Telkom operator for non-payment of his bill.
Wilkins said he was extremely concerned about the way the case was handled. “This case was very straightforward. If the accused were anyone else the case would have been finalised long ago.
“With Sandler everything just seemed to come to a stop. He had special treatment because of who he is. Everyone will look at the delays and blame the police. I can assure you the police are not to blame in this case.”
The M&G has been reliably informed that, since the incident, Sandler’s legal team have met with Mpshe a number of times – an unprecedented occurrence. The most recent meeting was held last week.
In a faxed letter to the M&G, Sandler’s lawyers said: “Our client has denied that he is guilty of any criminal activity and that denial remains firmly entrenched. Our client denies having made payment to Mr Reeves or any other person.”
Sandler was one of the founding members of New African Investment Limited, the pioneering black empowerment group.
n The Pretoria Bar Council has recommended that Mpshe be struck off the roll of advocates pending his appeal against charges of professional misconduct.
National Director of Public Prosecutions Bulelani Ngucka has vowed to axe Mpshe if he is struck off. The appeal might only end by the end of next year. Until the matter is resolved, Mpshe has been allowed to stay in office.
The council’s disciplinary committee found Mpshe guilty of being an accomplice to the theft of a luxury Mercedes Benz.
After Mpshe failed to successfully defend a client he took possession of the car in order to secure his fees. Mpshe then used the car as his own – despite the fact that a large amount of money was still owed on the vehicle.
In April last year Mpshe appeared before the Judicial Service Commission, which was interviewing him for a judicial post. Mpshe recused himself from the interview and told the commission he was being investigated on charges of professional misconduct.
He told the council he would like to apply for the post only once the investigation was complete.