Glenda Daniels The Johannesburg High Court this week found in favour of a handyman who worked at the brothel The Ranch, in a civil case brought against the Ministry of Safety and Security. Matthew Palmer claimed R800 000 in damages for brutal assault and unlawful arrest and detention when the police raided The Ranch in February. His claim was upheld and the ministry was ordered to pay his costs. Police acted in a high-handed manner, and completely out of proportion when it invaded the Sandton brothel, and assaulted and arrested its owner Andrew Phillips and Palmer, Judge John Horn said. The Ranch was closed in February and the asset forfeiture unit (AFU) seized Phillips’s assets amounting to about R40-million. He was charged under the Illegals Control Act and the Sexual Offences Act. The commando-style raid on the brothel was conducted by the police’s special task force and public order unit. It was captured by the brothel’s video camera and played in an open court this week. Police kicked, punched and rifle-butted Phillips, Palmer and workers at the brothel. Judge Horn said he considered many factors before making his judgement. He said the use of the special task force and public order unit was significant. These units, he said, were used in situations such as hostage dramas.
“I find it extraordinary that such a heavy presence of between 60 and 70 police was used to subdue a very passive group. We are not dealing with murderers here,” he said. Judge Horn said the video was clear and “it showed the sheer ferocity of police action, it was visible he was assaulted and that he was defenceless”. He asked why doors had to be bashed down, people injured and blackjacks, handguns, rifles and batons used against people when the police invaded the brothel with a search warrant, ostensibly looking for passports and credit card slips. The search did not happen, he concluded. Judge Horn disputed the state’s case, argued by Ronnie Selvan, SC, who told the court that the background to the raid was not important. Judge Horn said it was of relevance. He found that the aliens investigating unit (AIU) was vindictive and the assaults and arrests were their way of getting back at Phillips for trying to expose their corruption for instance for forcing prostitutes to have sex with them and having free sex holidays in Thailand. “The evidence against the AIU gives the complete picture. The AIU set out to get back at him, to sort him out. It was an act of vengeance,” the judge said.
Judge Horn said he did not find the evidence by the policemen plausible. Police witnesses testified this week that they were assaulted by Phillips and Palmer. But Judge Horn said that this was improbable and in the witness box police were “reticent” and he did not believe they told the “whole story about what happened that night”. Phillips said after the judgement that his civil claim against the police for assault and unlawful arrest was due to be heard in a few months, and his workers had all filed cases too. It appears likely that after this week’s judgement, the ministry will settle out of court. The mild-mannered and bespectacled Palmer said: “Justice has been done.” Sipho Ngwema of the AFU said in response to the judgement: “It is unfortunate that it appears that there was an excess of force used against a brothel bouncer in the execution of a legal search warrant. “However, the judgement will not divert attention from the broader objectives of cracking down on unlawful trafficking of women into South Africa for the purposes of prostitution. “The forfeiture and criminal proceedings against The Ranch and its owner will continue if it is dependent on us, the brothel will close down and never open again.”