State slams cops in matter involving Jeffreys Bay lawyer

Had three police officers properly processed a Jeffreys Bay lawyer they had pulled over for suspected drug possession, the fatal crash in which he was involved about an hour later — while allegedly under the influence — might have been avoided, the state argues.

The court appearance of the three police officers on Wednesday and the ongoing criminal case into Dimitreau Bosman-Domingo’s death have fuelled her family’s grief.

The three officers — sergeants Mveleli Ncana, Lulamile Mshweshwe and Samantha Prinsloo — appeared briefly in the Humansdorp Regional Court on Wednesday morning on a charge of defeating the ends of justice.

Their case was then transferred to a court in Gqeberha.

The state’s case against the three centres on the arrest and swift release of 45-year-old Dieter Brandstetter on January 3 2024.

Security guards at a mall in Jeffreys Bay had called the police to report that Brandstetter had allegedly used drugs on the premises.

Police responded and allegedly found drugs in his possession.

Brandstetter, the director of Brandstetter Attorneys, was taken to the Humansdorp police station but was released the same day, reportedly without being charged.

About an hour later, Brandstetter allegedly crashed his Mercedes-Benz into the vehicle Bosman-Domingo, 58, had been travelling in with her family.

The much-loved teacher at Humansdorp Secondary School later died as a result of her injuries.

Her husband, Hendrick, and two other family members survived the crash.

Following his arrest, Brandstetter, who has two previous convictions for driving under the influence, was released on R8,000 bail with strict conditions.

The court ordered that he not drive on a public road until his criminal case has been finalised and that he be subjected to random alcohol and drug testing, among other restrictions.

The charge of culpable homicide against the lawyer was later changed to murder.

He also faces charges of reckless and negligent driving and driving under the influence.

He is due back in the Humansdorp court on July 3, when he is expected to plead.

The officers’ alleged actions before the crash later became the focus of a year-long investigation by the police’s Anti-Corruption Unit, which eventually led to their arrests.

Because Brandstetter was at a stage represented by advocate Deidre Dickson — currently a magistrate in Humansdorp where she was on the bench when the police officers appeared on Wednesday — the case against them was transferred to the Gqeberha regional court to avoid a conflict of interest.

Contacted after court proceedings, Brandstetter’s new representation, defence advocate Tandeka Mashiyi, declined to comment.

“Unfortunately, I’m not authorised to speak about my client to anyone. My apologies,” was all she was prepared to say.

According to the state, after taking Brandstetter in, the accused officers had also allegedly neglected to test his blood for alcohol or drugs.

The charge sheet further states that the three officers allegedly defeated the ends of justice by “unlawfully assisting the suspect to evade proper legal processing”.

It is further alleged they allowed contraband — believed to have been drugs — to go missing, and failed in their duties to formally arrest and detain the suspect as required by law.

The state is of the view that had the officers done their jobs properly the crash would never have happened.

Independent Police Investigative Directorate (Ipid) spokesperson Lizzy Suping said they were perturbed by the matter.

“It is concerning to us as Ipid when officers of the law are involved in [alleged] criminal activities as this erodes the public trust in policing,” Suping said.

“Our responsibility as Ipid is to conduct impartial investigations into all cases reported to us.”

Bosman-Domingo’s daughter, Diane Bosman, said it was good that the “puzzle pieces are finally coming together”.

“For so long, it felt like nothing was happening,” she said.

“We had so many questions and no answers. It felt like people had forgotten about my mom — but we never did.

“Though [the case] is moving now the pain is still the same.

“I miss my mother every single day. I miss her hugs, her cooking, and I miss hearing her laughter in the house.

“Our home has never been the same without her.

“She was the one who kept us strong. She made things feel safe — and now everything feels broken.

“What hurts the most is knowing this didn’t have to happen and that this could have been prevented.

“It’s something I will never understand or forget.

“I just want people to understand that my mother was not just a name, she was not just a story — she was my mom.

“She loved her family, she loved her school and she loved life. She was kind and strong.

“I can’t believe someone’s [alleged] mistake took her away from us. All I want now is justice.”

Ncana, Mshweshwe and Prinsloo are out on bail of R500 each and are due to appear in the Gqeberha regional court on July 2.

The Herald