Cape Town – AfriForum’s Private Prosecution Unit on Monday revealed in the Kuilsrivier Magistrate’s Court that Jaco Swart – who is accused of assaulting a female police officer – is living in the United Kingdom (UK) under an alias.
The unit is acting on behalf of the private prosecutor, Sonja Albertyn, a Warrant-Officer in the South African Police Service (SAPS).
Albertyn alleges she was assaulted by Swart when he closed the door on her arm while she was attempting to resolve a domestic dispute.
However, since then, Swart has been elusive and the unit has been unable to serve him with a summons.
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On Monday the unit told the court the Swart was living in the UK under a false name.
“During a holiday in the UK Mr. Barry Bateman of the private prosecution unit ofAfriForum established or confirmed that the accused resides in the UK and uses the name of one of his friends in South Africa,” the unit said.
“It is also this passport of his friend that was fraudulently used to travel to the UK.”
The unit said using publicly available information it confirmed that Swart was indeed in the UK.
“A photo uploaded this year as his Instagram profile picture included in the background a historic plane with its aircraft registration clearly visible,” the unit said.
“Searching that aircraft registration number, X-RJ revealed that it belongs to a World War II Hawker Hurricane that is on display at the Brooklands Museum at Weybridge in Surrey, UK.
“Comparing Swart’s photo to photos of the museum confirmed that Swart was seated inside an aircraft at the museum when the photo was taken.”
The complainant, Albertyn, alleges that she was assaulted by the accused at Aroma Park Village, Brackenfell during the early morning of 13 January 2022.
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On 15 January 2022, Albertyn opened a case docket at the Brackenfell Police Station and the matter was investigated under case reference Brackenfell CAS 141/01/2022.
The accused was arrested on 26 January 2022 and warned to appear in court on 4 February 2022 on which date the matter was withdrawn by the prosecutor.
The unit – pursuing a private prosecution – then secured the necessary nolle prosequi certificate on 26 May 2023 enabling it to cause a summons to be issued against Swart.
“We submit that we have complied with all the relevant provisions of the CPA relating to the issuing of the summons, and the payment of the security, and as such the summons was issued on 9 June 2023,’ the unit said.
The date for the first appearance was determined and the matter was set down for 14 August 2023.
“We submit that we were unable to comply with the service provisions of section 54 of the Act because the accused has fled the country,” said the unit.
“Our submission is that the accused’s illegal actions made it impossible to serve a summons on him.
“We received information that the accused travelled fraudulently, using a false passport to the UK.
“Aware that the accused was a suspect in Sinoville CAS 136/06/2019 we shared our information with the investigating officer W/O Booysen of Sinoville SAPS.
“The allegation is that he defrauded his wife’s (as she then was) stepfather.”
The unit said initially, the National Prosecution Authority ( NPA ), refused to prosecute the matter.
But following the unit’s involvement in the other matter, where Swart was alleged to have assaulted his wife, the NPA reconsidered and decided to prosecute.
A J175 summons was issued on 1 December 2022 but the SAPS were unable to serve the summons on any of the known addresses of the accused.
Subsequently, a J50 warrant was issued by the Senior Prosecutor at Pretoria North Magistrate’s Court.
On 28 June 2023, we reported the illegal entry into the UK to the UK embassy in South Africa and held a reasonable expectation that the UK authorities would act and deport the accused to South Africa.
“We have, however, not received any response from the UK authorities,’ the unit said.
After the unit shared this information with W/O Booysen he registered a case docket (Sinoville CAS 148/08/2023) and is investigating the contravention of the Immigration Act 13 of 2002.
A warning statement was obtained in which the elaborate plan of the accused to run away from South Africa was exposed.
Swart allegedly convinced a friend to apply for a passport which was then handed over to him.
As cover the friend within seven days applied for and received a second passport.
Swart allegedly travelled by bus to the Lebombo Border Post. Using his friend’s passport, he left SA on foot.
Apparently Swart shared these details of his travelling plans to the UK with his friend.
“We believe that Sinoville CAS 148/08/2023 is almost ready to be handed over to the NPA for decision,” the unit said.
“The court is respectfully requested to issue a warrant as contemplated in terms of section 43 of the CPA.”
Developing story…
