Cape Town – Former Athlone police sergeant Giovanni Gabriels has avoided a prison sentence after being found guilty of common assault for attacking an elderly woman, Veronica Franciscus, in 2018. Gabriels was handed a R6 000 fine by the Athlone Magistrates Court last Friday, a judgment that has sparked criticism and accusations of preferential treatment for law enforcement officers.
The incident, which occurred several years ago, involved Franciscus and her son, Kyle. According to reports filed with the Independent Police Investigative Directorate (IPID), SAPS officers arrived at the family's home and requested that Kyle open the garage door. When Kyle's pit bull ran out, the family closed the door, fearing the dog would mistake the officers for intruders.
It is alleged that Gabriels reacted with anger, throwing Franciscus to the ground and pepper-spraying her. The incident made headlines at the time, drawing attention to allegations of police brutality and abuse of power.
During the court proceedings, Gabriels informed the magistrate that he had since relocated to Lambert’s Bay. However, advocate Leon Fieties, representing Franciscus, revealed that Gabriels had been found guilty of a similar charge last year in the same court, for which he paid a R5 000 fine.
Fieties expressed concern over the fact that Gabriels was transferred from Athlone police station to Lambert's Bay police station, where he continues to serve as a police officer. "The sore point is that he was transferred from Athlone police station to Lambert's Bay police station where he is still conducting policing services within the community," Fieties stated.
He further criticised the decision to transfer Gabriels, arguing that it simply relocates the problem. "So they are transferring the problem, but he is a brutal person and there is a trend of him assaulting people," Fieties said. "The law should be applied equally to all citizens, but unfortunately it looks like police officers who are accused of assault are facing preferential treatment."
Gabriels was given the option of paying the R6 000 fine or serving a six-month prison sentence.
Despite the outcome of the case, Franciscus expressed a sense of peace and forgiveness. "I can’t judge him and I have peace with him and thank God that I can now sleep," she said. "Whatever the judgment was, I am happy that things got so far."
However, she also expressed the sentiment that the judgment might have been harsher had Gabriels not been a police officer. "But I do feel sorry for him as a person, it is on him," Franciscus added.
Fieties intends to pursue a claim for damages on behalf of his client, citing the protracted nature of the legal proceedings. The case has raised questions about accountability within the police force and the perception that officers are sometimes treated differently than ordinary citizens when accused of wrongdoing. The outcome has also sparked debate about the appropriate punishment for assault, particularly when committed by those in positions of authority.
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