A former policeman, “who broke the rules and did not believe they applied to him” while in the service, was sentenced to 15 years in jail this week for the illegal possession of firearms and ammunition.
Daniel Reynecke, 64, who was convicted in June on eight of the 13 related counts he was charged with, was sentenced by Magistrate Anand Maharaj at the Durban Regional Court matter on Wednesday.
As a criminal investigator, Reynecke worked at many KwaZulu-Natal stations during his 40 years of service, and had access to various exhibits (firearms and ammunition) that were often linked to investigations.
Instead of returning the exhibits that he booked out of police storage, Reynecke, who last worked with the Directorate of Priority Crime Investigation (Hawks) unit before he resigned in 2018, failed to do so.
Police raids revealed that Reynecke had 39 firearms locked in his office safe, including two unlicensed guns, and more police exhibits at his home, including ammunition and explosives.
The extent of Reynecke’s indiscretions began emerging in 2014 when a bag containing firearms and explosives was found near the Amanzimtoti Golf Course, approximately 500 metres from where Reynecke lived.
Colonel Herbert Heap from the Hawks’ Pretoria branch, led the investigation after the discovery.
That’s when police were able to establish that some of the firearms in the bag were previously booked out by Reynecke and a few of the exhibits were linked to investigations from the 1990s.
Heap conducted an audit of SAPS 13 records (register for exhibits) at 71 police stations that Reynecke had ties with, and he was also responsible for the search and seizure missions.
Reynecke was charged in 2018 and subsequently granted bail.
The State was represented by advocates Annelize Harrison and Yoliswa Nyakata.
For his conviction on four counts of theft of firearms, all taken as one, Maharaj sentenced him to five years of imprisonment.
For possessing two firearms (counts 6 and 7) with “obliterated serial numbers”, he received 10 years of jail time.
He received three years of imprisonment for counts 9 and 12, which were also merged into one, and related to possession of ammunition and loss of firearm respectively.
Maharaj ordered that sentences for counts 6 and 7 , and 9 and 12 be served concurrently.
Reynecke, who looked physically drained, was slumped over his arm when Maharaj handed the effective 15-year sentence.
He was arrested on Monday for failing to attend court the previous week.
Reynecke’s sentencing was due for finalisation with Maharaj on August 29 but he absconded.
Thobile Sigcau, his attorney, told the court he received an SMSed apology from Reynecke for his non-attendance.
The matter was rolled to the next day and Reynecke was again a no-show. On this occasion, Reynecke told Sigcau in an SMS that he attempted suicide.
Maharaj approved a warrant for his arrest.
On Tuesday, he appeared before Magistrate Shoba Maharaj regarding the alleged breach of bail conditions.
Sigcau claimed the State was being vindictive by arresting Reynecke on Monday and that he did not attend court on the August 29 and 30 because he was unwell, and was hospitalised after an apparent drug overdose.
A doctor’s note was presented.
Harrison questioned its authenticity.
Magistrate Shoba Maharaj, on the basis of Reynecke’s ill-health, asked for the doctor in question to attend court the next day and “provide evidence”.
Reynecke was first subjected to sentencing on Wednesday before Magistrate Anand Maharaj.
“The accused’s conduct goes against the ethos of the SAPS to serve and protect,” said Maharaj.
He referred to the evidence of a Colonel from the SAPS’ national office who confirmed that police exhibits should only be kept in designated storage facilities.
Maharaj said “it was highly disturbing” that Reynecke had two firearms with scratched off serial numbers in his office safe, especially since they were not linked to any crimes.
“Those firearms must have been kept for nefarious purposes. The court’s view is fortified when it considers that the accused was convicted in 2003 of two counts of unlawful possession of firearms and given a suspended sentence.”
Some of the factors Maharaj considered in deciding the sentences included, the duration of the investigation, the SAPS lackadaisical handling of exhibits, Reynecke’s health and mental state.
He said he agreed with the State labelling Reynecke as a “police officer going rogue” and his previous conviction did not deter him from committing similar crimes.
Being a police officer at the time the offences were committed, Maharaj viewed that as Reynecke “exploiting the weaknesses” in the system.
Maharaj said the minimum sentence for a person who was convicted for the illegal possession of firearms on a second occasion was 20 years, and being with firearms with erased serial numbers carried a sentence of 25 years.
“Society expects the SAPS to protect them, hence a message needs to be sent to more police officers to think twice,” said Maharaj.
SUNDAY TRIBUNE