Pretoria - The mistaking by the police of one twin brother for the other will cost taxpayers dearly.
Shane Smith was unlawfully arrested and detained for 29 days, while the police were actually looking for his brother Wayne.
The more Shane, 34, tried to explain to the police that he was not Wayne, the more he was beaten because the police thought he was lying to them.
Shane instituted a R4.9 million damages claim against the police. The High Court in Pretoria this week ordered that the minister of police was 100 percent liable for the damages he could prove he had suffered, his lawyer, Jean-Paul Rudd of Adams&Adams told the Pretoria News.
According to Rudd, the matter never went to trial, as the defence by the police - which was only a bare denial of all the allegations - was dismissed by the court. This was because Rudd asked for further particulars from the police regarding their defence, but nothing was forthcoming.
Shane’s problems started on March 11, 2011 when he was looking after Wayne’s home in Vereeniging, as he had gone away for the weekend.
The police knocked on the door, looking for Wayne, as they had received information that he had stolen goods in his possession. Shane explained that he was not Wayne and even showed them his ID and driving licence.
The police thought he was lying to them and assaulted him in front of his wife and child. They cuffed him and took him to the police station in Vereeniging. Wayne, meanwhile, arrived at the police station on the Monday, when he returned from his weekend away, Rudd said.
He tried to explain to the police that it was a case of mistaken identity, and he too was arrested and placed in a cell. The police, however, did not release Shane and he had to spend 29 days in prison.
Both he and Wayne were eventually released after the court found there was no evidence to link either of them to the possession of stolen goods.
Wayne has also instituted proceedings against the police.
Shane, however, said he was still in shock following his harrowing ordeal. Not only was he assaulted by the police, but he also had to endure the humiliation of being arrested for no reason and in front of his family.
He had to undergo medical, psychiatric and psychological treatment for acute post-traumatic stress disorder. He also lost his job as a result of his incarceration and was ridiculed by his colleagues. He is now working with his father as a panelbeater.
Rudd said his client was, as a result, suffering behavioural problems, anxiety, flashbacks and nightmares.
The police were contesting the claim, and the case was due in court next year, Rudd added.
Pretoria News