'Viciously assaulted' man claims R8.8m from cops

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Published Aug 5, 2016

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Durban - A 28-year-old Shallcross resident is suing the Minister of Safety and Security for R8.8 million in damages for being "viciously assaulted", resulting in permanent disability, and falsely charged five years ago.

Kaylan Chetty is expected to testify during the civil trial, which begins on Wednesday in the Durban High Court.

The minister is opposing the claim.

In court papers, drafted by advocate Ryan Naidu, Chetty says he was was arrested at his home on April 26, 2011, by two officers from the Durban Flying Squad.

During the arrest, Chetty said his wrists were bound together with cable ties and he was taken to the Silverglen Nature Reserve in Chatsworth.

It was there, he said, that he was "viciously assaulted" on his head and other parts of his body, and a rubber tubing was apparently placed over his head, causing him to suffocate.

As a result of this, he said he suffered severe injuries to his ribs; bleeding from the front left ear; abrasions and underlying swelling to various parts of his body; scarring and disfigurement as well as left-sided chronic subdural haematoma - an abnormal collection of blood outside a blood vessel.

Chetty claimed he was falsely charged, over drugs, by these police officers, who apparently tried to detain him at Bellair Police Station, but the officer stationed there refused to do so because of his visible injuries, and called an ambulance instead.

The police officers apparently told the Bellair officer that Chetty had fallen and injured his head.

The 28-year-old said he was taken to RK Khan Hospital where he underwent several procedures for injuries to his brain.

He also received extensive treatment at both RK Khan Hospital and the Inkosi Albert Luthuli Central Hospital.

According to his claim, he suffered and continues to suffer from: considerable pain and shock; confusion and disorientation; a change in behaviour - in that he has become aggressive and agitated; insomnia and memory loss; as well as severe depression and suicidal tendencies.

The drug charge was subsequently withdrawn.

Chetty said he had been unable to secure gainful employment and continues to receive medical treatment.

His R8.8m claim for damages suffered includes hospital expenses, estimated future medical expenses, loss of earnings and future loss of earnings, pain and suffering and permanent disability.

The minister has denied all the allegations.

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