The Phoenix SAPS has warned the community and victims of serious crimes against withdrawing their cases, citing the undermining of the criminal justice system and wasteful expenditure of police and court resources.
Phoenix SAPS spokesperson, Nadia Ebrahim said: “Withdrawing a criminal case leads to the undermining of the criminal justice system and wasteful expenditure of police and court resources. The withdrawal of serious criminal cases such as cases involving women and children, sexual and domestic violence offences, assault, human trafficking and missing children, not only undermines justice but also perpetuates a cycle of impunity for offenders and can allow perpetrators to continue harming the victim or others in the community.”
Ebrahim explained that withdrawing a case also reduces the resources of SAPS to provide a better service to those who need their cases investigated and presented before a court of law. “To open up a case takes valuable human and financial resources such as statement taking, using of administrative resources and the investigation follow-up process. The police want to ensure that the court process is allowed to run its course.”
She further stated that a withdrawn case does not result in a finding of guilt or innocence, as the court never reaches a verdict. “The perpetrator does not get held to account for his wrongdoing. The decision to withdraw a case rests with the prosecutor, who evaluates the evidence and decides whether to proceed to criminally convict the accused or not. Common reasons for a prosecutor to withdraw a case may include insufficient evidence, procedural errors by police, witness unavailability, or a change in circumstances. It is also important to know that even if a case is withdrawn in court, the prosecutor can re-open it if new evidence comes to light.”
Ebrahim urged members of the public to seek the necessary advice before opening a case. “Victims need to see that what has been done to them or against them is a crime and it should not happen to them or someone else again in future. The law should take its course and the perpetrator must be held accountable for his or her wrong doings. If the accused is known to the victim, it is important that the victim seek good counsel if they are unsure to open up a case. Cases involving women and children resulting from domestic violence and sexual violence are serious matters and should not be held lightly. Perpetrators of these crimes are warned that the justice system will not allow them to continue such violence and criminal behaviour.”
She added that it is crucial for victims to follow through with their cases to ensure that the crime they are reporting does not occur again. “Perpetrators who get off cases most often, if not always, commit the same crime again or a more serious crime that could lead to a loss of life. The SAPS are serious about ensuring criminals are put behind bars and do not become habitual criminals who cause harm or discomfort to others willingly. The only way to ensure that the arm of the law is exercised properly, is to ensure perpetrators are brought before the justice system and are sentenced or warned for their crime, if found guilty. Having cases withdrawn, will serve no sentence or warning to the perpetrator, who most likely will think, if he or she can get away with it this time, surely the next time will result in the same outcome. It is important to follow through when opening up your criminal case, so that justice can prevail and our communities can become a more crime-free community.”
