A bag of troubles is what a Cape Town police officer landed with after attempting to steal a trolley full of groceries from a Woolworths store in Canal Walk
Image: File picture: Eric Gaillard / Reuters.
A SEASONED policeman tried to make a dash out of a Woolworths with a trolley full of unpaid items, but his attempt came to naught as he was apprehended.
However, a subsequent internal disciplinary for Warrant Officer GF Madeley based at he Nyanga Police Station in Cape Town, after January 2022 incident at the Woolworths store in Canal Walk, only resulted in him with a slap on the wrist.
The chairperson at the hearing saw it fit to hand Madeley a two-month suspension from work without pay.
This decision did not sit well with the SAPS higher organ and they challenged the outcome in Labour Court and has now been dismissed from the service.
Court documents reveald that Madeley entered the store pushing a trolley filled with empty bags, which he then filled with groceries valued at an undisclosed amount.
His plan unraveled when store security officials intercepted him as he attempted to leave without paying. In a desperate move, Madeley fled towards the mall exit, but his actions led to his immediate arrest.
Charging documents cited Madeley for misconduct, asserting that his behaviour not only constituted theft but also severely undermined the reputation of SAPS.
During the disciplinary hearing in February 2022, he admitted to the charges and pleaded guilty, and attached to a string of mitigating circumstances which he hoped would sway the decision in his favour.
Madeley cited his 19 years of service with the police, claimed to be a first-time offender, and pointed to personal challenges, including reported financial difficulties and a diagnosis of bipolar disorder.
He presented a psychiatric evaluation that implied he may have acted while absent-minded, in an effort to explain his actions.
However, SAPS contested this narrative, arguing that Madeley’s actions were planned and not merely impulsive. They noted that at the time of his confrontation with security, he had multiple opportunities to resolve the matter honourably.
The chairperson of the disciplinary hearing opted for leniency in handing down the two-month suspension without pay ruling—a decision that infuriated SAPS.
In their Labour Court action , the SAPS challenged the chairperson's ruling, which they believed undermined the seriousness of the incident and the inherent trust vital within the police force.
The court listened as SAPS underscored the severity of the misconduct, asserting that no reasonable decision-maker could possibly arrive at such a lenient conclusion, especially considering the breach of the police code of conduct involved.
Madeley did not oppose SAPS's application. In her ruling, Acting Judge Deirdre Venter noted that the chairperson had not provided sufficient reasoning for the mild sanction, particularly when acknowledging that Madeley’s misconduct was serious and evidently premeditated.
Judge Venter stressed the lack of existing case law concerning theft committed by police officers, and pointed out that the chairperson had failed to consider critical evidence regarding the gravity of the offence.
Ultimately, Judge Venter concluded, "The sanction of suspension was not reasonable and is therefore replaced by an order that the employment of the second respondent (Madeley) could be terminated with immediate effect."
This decisive ruling serves as a stark reminder of the expectations and standards fundamental to law enforcement positions.
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