Locked up cop in damages claim

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Published Feb 11, 2016

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Pretoria - Tshwane metro police officer Vincent Ngobeni will receive R49 000 in damages from the minister of police, in his official capacity, after he was arrested in the city centre and assaulted for no reason.

Ngobeni was apparently slapped around by several SAPS officers, before being locked in a cell for three hours.

He initially claimed R200 000 in damages from the police in the high court in Pretoria, following his ordeal on June 15, 2013, in broad daylight. He instituted a claim for unlawful arrest, detention and assault.

The police denied all the allegations. The SAPS called no witnesses to refute Ngobeni’s allegations and his version remained uncontested.

Ngobeni told the court he was a trainee metro officer at the time of the incident. He was accosted by three people dressed in civilian clothes in the CBD. They later turned out to be SAPS officials.

The men demanded to search him, but when he demanded they identify themselves, they assaulted him in full view of the public.

Ngobeni said these men were later joined by seven more officials, who also joined in the assault.

According to Ngobeni, he was cuffed and placed in a police vehicle, after being told he was under arrest.

He was taken to the Pretoria Central police station and kept in a holding cell for a three hours before a senior metro police official intervened and he was released.

Ngobeni went to the Tshwane District Hospital after his release, for treatment. He had, among others, a hematoma (injury to the blood vessels) on the right side of his head.

Judge Billy Mothle said the police could not dispute Ngobeni’s version of events and were thus liable for his damages.Counsel for Ngobeni said he should receive a substantial amount of money, as the police acted with malice when they arrested and assaulted him.

The judge said the police may have acted with malice, but it did not mean the amount of damages (for which the taxpayer will have to pay) had to be inflated.

“Malice on the part of the police should be sanctioned by police management through internal disciplinary procedures.

“No increase in the award would be necessary as a sanction for this behaviour,” the judge said.

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Pretoria News

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