Suspended Hawks Captain Esmerald Bailey’s lawyer has challenged the validity of the undercover operation which led to her arrest.
|||Cape Town - The lawyer for suspended Hawks Captain Esmerald Bailey has challenged the validity of the undercover operation which led to her arrest nearly three years ago.
William Booth, for Bailey, told the Bellville Commercial Crimes Court on Monday that he objected to the police trap which had been set up as written authorisation had not been granted.
Prosecutor Xolile Jonas said a State’s witness headed the operation and would testify.
Magistrate Sabrina Sonnenberg made an interim decision allowing the State to call the captain of the tactical response team to testify.
Bailey was arrested during a police operation at the Palm Springs Apartment complex in Brooklyn, where she lived, and is alleged to have organised the sale of police uniforms and ammunition.
The officer testified that an undercover policeman had acted as the “buyer” and handed over R4 500 for various items of police gear.
Midway through the officer’s evidence, the case adjourned so the trial-within-a trial about the validity of the operation could be held.
Booth questioned her about procedure and asked why she had relied on a telephonic instruction rather than getting written authorisation.
“In this case, we only had the information, no name. We needed to get the uniforms off the streets and get the person selling or supplying them.”
Bailey’s former co-accused, Waleed Hendricks, admitted in court he was the “runner” between Bailey and the “buyer”. In April last year, Hendricks received a three-year suspended sentence in the Cape Town Regional Court.
Bailey’s trial continues on August 14.
jade.otto@inl.co.za
Cape Argus