/ 30 November 2009

Station commander found guilty in Yengeni-related case

Former Goodwood police station commander Siphiwo Hewana was on Monday found guilty of defeating the ends of justice in a charge involving former African National Congress chief whip Tony Yengeni.

Magistrate Elsa van Zyl, at the request of defence attorney Greg Duncan, postponed sentencing until February 8 in the Parow Regional Court.

Hewana’s trial stems from Yengeni’s arrest for drunken driving in November 2007. To protect Yengeni, Hewana ordered the two arresting police officials to change the time of Yengeni’s arrest from the early hours to 9pm the night before.

At the time, Yengeni was on parole and required to be in his home after 9pm.

Hewana also intercepted Yengeni’s blood sample and left it in an unlocked drawer of his desk rather than in a locked safe in accordance with regulations.

Because of this, Yengeni’s blood sample was not sent for forensic analysis to determine its level of alcohol. This led to Yengeni’s escaping a charge of drunken driving.

Hewana initially faced two additional charges of conspiracy to commit perjury and interfering with police officials in the execution of their duties.

However, Van Zyl said the additional counts amounted to an unfair duplication of the charges.

Hewana’s defence was based on his claims that there was a conspiracy against him and all nine of the state’s witnesses were part of it.

Van Zyl rejected this and said this was so improbable that there was not even the remotest possibility that there was such a conspiracy.

She said the state witnesses had been honest and that the totality of their testimony had been logical and convincing. Among the witness were the two police constables, Charles Japhta and Jeremy Voskuil, who had arrested Yengeni.

Van Zyl said Japhta and Voskuil had changed the time of arrest after Hewana had warned them it would be in the interests of their careers to do so.

Hewana’s warning had left Japhta and Voskuil feeling intimidated and in fear for the safety of their families, she said. — Sapa