Pretoria - A businessman was branded a killer and had to be placed in a witness protection programme - all because of mistaken identity.
Fusi Samuel Motaung of Bethlehem turned to the Gauteng High Court, Pretoria, to claim damages from the police who had accused him of killing a Pakistani.
Motaung, 37, said he was severely assaulted into making a confession, which he refused to do.
He landed in hospital owing to his injuries and was locked up in a police cell for three days.
His plumbing business is going down the drain as the community has branded him a killer.
People no longer want him near their homes, he said.
The court ordered the police to pay Motaung R250 000 in damages - R100 000 for the assault and R150 000 for unlawful detention.
His problems started on March 18 last year when the police arrived at his house. They simply arrested him and when he asked what the reason was he was told that he had killed a Pakistani.
“The police said I knew exactly what I did as the Pakistani national had a child with my ex-girlfriend. I had no idea what they were talking about and asked them to provide me with the warrant for my arrest, which they did not do.”
Motaung was taken to the police station, where he said he was severely assaulted. “I was hit with clenched fists, kicked with booted feet and had my hands and feet tied to a chair. I was constantly threatened that I would be killed if I did not admit to killing the man. I refused to admit to something I did not do.”
Motaung said the marks from the assault were still visible. A doctor confirmed his injuries.
He was detained in a holding cell for three days before the court released him due to insufficient evidence to prosecute him.
He told the high court that before his arrest his plumbing business was very lucrative, but it collapsed after his arrest.
“Due to fear for my life and the threats from the police that they will kill me unless I admit to committing the crime, I have been placed in a witness protection programme.
“I am advised by the National Prosecuting Authority that I will remain in the programme until the case had been disposed of (all further investigations done).”
“I want to state that I know nothing about this offence and there was no reason to arrest me. I have not been charged to date although the investigation has been ongoing for more than a year. “
Motaung said he had lost the trust of the small Bethlehem community of Bohlokong. “Nobody wants to invite me near their home. I am literally called a killer in my area.”
He told the court his children were also suffering and often asked him why the police would arrest him if he did nothing wrong.
The incident was also extremely traumatising as he was cuffed and arrested in front of the community and his children.
“The police are supposed to be law-protecting citizens, but they treated me like a criminal and acted themselves like members of a mafia. I hate the police for the way in which they literally destroyed my life, my business and the trust of my children in me. I really do not wish this upon my greatest enemy,” he said.
Pretoria News