South African court finds police and prosecution liable for negligence — Daily Maverick
The Eastern Cape High Court in Gqeberha, South Africa, has found the Minister of Police and the National Director of Public Prosecutions liable for negligence in the case of the 2014 murder of plumber Clint Owrenovicz. They must pay compensation to his widow, Claire Owrenovicz, and two children, Daily Maverick reports. The amount of compensation will be determined through negotiations or in separate court proceedings.
Circumstances of the murder
Owrenovicz, 42, was killed in December 2014 while fishing on the Swartkops River in Gqeberha. One of the two attackers was Sifumelele Phetelo, who was out on bail at the time in another murder case and, according to police, was among the most wanted criminals. Phetelo was later convicted of Owrenovicz's murder and other crimes and sentenced to life imprisonment.
In 2016, Claire Owrenovicz and her two children filed a civil claim against the Minister of Police and the National Director of Public Prosecutions. She told the court that her husband had been the family's main breadwinner and that, in her view, he would have remained alive had law enforcement agencies properly performed their duties.
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Consideration of bail
Phetelo was arrested in June 2013 in connection with the murder of a man named Henry, but was released on bail that same month. While out on bail, he was also arrested for assault with intent to cause grievous bodily harm. In November 2013, he failed to appear in court twice in the Henry murder case, after which his bail was revoked and a warrant for his arrest was issued.
After his arrest on January 14, 2014, Phetelo applied for bail. Information about his assault conviction had not yet been entered into the SAP69 criminal records system, although police policy required court outcomes to be sent to the relevant centre within seven days. He was granted bail of 300 rand, which he paid in April 2014.
Judge Bantubonkhe Tokota noted that information about Phetelo's conviction was entered into the system on January 24, 2014, before his release on bail on April 22. The judge concluded that the investigating officer and prosecutors should have properly examined the circumstances of the case given Phetelo's failure to appear in court and the violent crime he committed while on bail.
