Man files P500,000 claim for �police assault�

Lebogang Mosikare | Tuesday November 21, 2017 17:23

 

In his declaration, Mbakiso Nyamambi, says that on September 10, 2016 three police officers, Constable Montsho, Sergeant Rahube and sub-Inspector Kefitile wrongfully assaulted him at Tati River Plots. Nyamambi said the three officers, who are represented by the Attorney General (AG), assaulted him by repeatedly hitting him with batons, a battering he added continued well after he had been arrested and handcuffed.

“At no time during the course of the incident did the plaintiff pose any threat to the safety of the defendants or the public. Despite medical treatment, the plaintiff continued to experience headaches and bodily pain several days after the assault. The conduct of the defendants in using force against the plaintiff was totally without probable cause, excessive, malicious, false and done in bad faith,” argued attorney, Mboni Manyothwane in the plaintiff’s declaration.

Manyothwane therefore prayed that Nyamambi be compensated with P500,000 for violation of his right to personal and bodily integrity since the defendants subjected him to unwarranted and excessive force.

Countering Nyamambi’s suit on Monday before Justice Lot Moroka, Counsel Ndiye Balule of the AG said none of the police officers assaulted Nyamambi. He said his injuries were self-inflicted because he was drunk.

“The doctor’s report shows that he suffered minor injuries to some parts of his body because he fell down at his place after the police followed him there for failing to stop at the robots,” Balule said.

Balule pleaded with the court to dismiss the lawsuit with costs because it was a gimmick designed to extort money from the State.

Balule also put it to Nyamambi that he was in a drunken stupor since he had imbibed wine beyond the required limits of driving a motor vehicle at Waterhole Bar with his friends.

Balule also put it to Nyamambi that the police pursued him from Waterhole to his place of abode because he overshot the robots in the Central Business District.

He added that had Nyamambi cooperated with the police, he could not have sustained any injuries. “I put it to you that you refused to stop when the police attempted to stop your car because you knew you were drunk.”

Leatile Ntsima, the plaintiff’s second witness said he saw the police assaulting Nyamambi at his place of abode while on his way home to sleep from Lizard Lounge Entertainment.

Ntsima, who admitted under cross-examination that he was drunk while driving a car to his place of residence, said he saw police car lights flashing on the same road he was using near Marang Filling Station.

“I parked my car at the filling station since I found that the police car had parked a stone’s throw from the filling station. I then alighted from the car to go and see why the police’s car was parked at one of the homes near the filling station,” Ntsima said.  He said he heard the voice of a woman screaming, “Rra Mbakiso come out of the house because people are killing your child”.

He added that the police stopped assaulting Nyamambi after he forcefully entered the yard by pushing a female police officer that was manning the gate. “I then intervened by taking a baton stick that one of the two police officers was using to hit the plaintiff. I don’t think I was interfering with the police from carrying out their lawful duties when I pushed Rahube at the gate to gain entrance into the yard,” he said.

He said he could not stand and watch the police assaulting someone who was handcuffed and was not resisting arrest. The case continues.