LISTEN | Recording gives lie to complaint about TimesLIVE reporter by Western Cape's head of detectives

A recording of a phone conversation undermines a complaint the Western Cape's head of detectives has made to the press ombudsman’s office about a TimesLIVE reporter.

Maj-Gen Jeremy Vearey, the deputy provincial commissioner for crime detection, wrote to the ombudsman on Wednesday saying reporter Aron Hyman was guilty of entrapment.

On Tuesday, he said, Hyman contacted Lt-Col Charl Kinnear of the anti-gang unit, and "lied" about an affidavit Kinnear had submitted when he laid a criminal complaint against six other policemen on Sunday.

"The content of this misrepresentation was to the effect that [Vearey] had told [Hyman] that [Kinnear] must give him said [affidavit]," said the complaint signed by Vearey and Kinnear.

But in a phone conversation on Tuesday between Hyman and Vearey, the head of detectives told the reporter to ask Kinnear for the statement.

"Say he must send it to you," Vearey told Hyman. "He must send it to you, like he sent it to all of us he can send it to you as well."

Hyman then WhatsApped Kinnear asking for a copy of his statement and relaying Vearey’s comment. The policeman refused to send Hyman the affidavit.

The complaint to the ombudsman was drawn to the attention of TimesLIVE by a Cape Times reporter. It is not known how the reporter obtained a copy of the four-page letter from Vearey and Kinnear. The press ombudsman’s office had not forwarded the complaint to TimesLIVE for a response at the time of publishing.

The Cape Times asked for comment on allegations of "fake news" that it said had been made against Hyman in the affidavit. 

In an email to TimesLIVE, a Cape Times reporter said: "I seek a comment from you where TimesLive journalist Aron Hyman is named in an affidavit (by Lt-Col Charl Kinnear), alleging that he was involved in an attempt to defame and frame Maj-Gen Vearey.

"It relates to a story that he wrote about the bail application for Marco Johannes who appeared in court on August 13 for attempted murder and another story regarding the arrest of Johannes at Blue Downs Magistrate's Court on November 13 for murder."

Hyman wrote two court reports in November about Johannes. Neither mentioned Vearey.

In his complaint to the ombudsman, Vearey "denies that he had spoken to Aron Hyman in relation to this matter and has technical evidence to this effect".

Vearey and Kinnear say they "view the conduct of Aron Hyman in a very serious light because it involved entrapment to provide official documentation to an unauthorised party by way of deliberate misrepresentation".

The Cape Times reported on Kinnear’s affidavit on its front page on Tuesday, and quoted Vearey claiming he was the victim of a smear campaign by crime intelligence officers.

The conversation Vearey denies took place, which was conducted in Afrikaans, happened at 10.51am on Tuesday:

Aron Hyman: Hello, General.

Jeremy Vearey: Yes yes, afternoon.

H: Yes, yes, uhm, General I have the…

V: I am just in a meeting, so is it urgent?

H: Uhhh, yes, I just wanted to hear if I could get the affidavit which Lt-Col Kinnear deposed at Mfuleni from you guys. Regarding the Barker case.

V: Now ask, can you ask him?

H: I asked him, he said, he said it’s with (you) General.

V: He sent me something, he sent it to all of us. Uhh, I don’t have a hard copy with me now.

H: Is there a way that I can get it, if there is a PDF or something like that... Photos...

V: Say he must send it to you.

H: I’ll tell him.

V: He must send it to you, like he sent it to all of us he can send it to you as well.

A: Thank you.

V: OK.

Vearey confirmed to TimesLIVE on Wednesday that he and Kinnear had complained to the ombudsman about Hyman. He said criminal charges may follow.