Durban -
Twelve years after an Amanzimtoti builder was wrongfully arrested and detained - apparently at the behest of a police officer who was unhappy with work he had done for him - a judge has ordered that he be compensated by more than R200 000.
On top of this the minister of police and the policeman concerned, Leslie Govender, would have to pay Mohan Gopaul interest and his legal fees.
The incidents which gave rise to Gopaul’s claim occurred over three days in February 2004, but the matter was only first referred to trial in 2013 when Durban High Court Judge King Ndlovu found the police liable for Gopaul’s claim.
The matter was then referred back to trial on the issue of the amount of the damages to be awarded.
In his recent judgment, the judge said Govender and his colleagues had been based at the Area Crime Combat Unit in Mariannhill at the time.
In this first incident, on February 10, Gopaul was flagged down by two police officers standing next to a Nyala on the N2 freeway. When he stopped, they insisted he go with them to the Nyala. One pushed him into the vehicle while hitting him on the back of his head.
Realised
Govender was behind the wheel “and it was at this stage he (Gopaul) realised that what was happening had to do with his driveway construction dispute”.
A Constable Thaver then held his hands behind his back and Govender approached him, demanding R3 000 which he alleged Gopaul had stolen from him.
Later that same day, Govender called Gopaul at home “threatening” him.
The following day, in what the judge said was a dramatic “Hollywood-style” arrest aimed at humiliating Gopaul, three police officers arrived at his house to arrest him for stealing the money.
“At the time Gopaul was wearing only a vest, shorts and slippers and he asked to be allowed to change. However, Constable Thaver handcuffed him and hit him. When his wife tried to intervene Thaver slapped her and pushed her.”
Gopaul, handcuffed, was placed in the back of an open bakkie.
“Neighbours came out and were watching the scene,” the judge said.
Despite telling his wife that Gopaul was being taken to the KwaMashu police station, they instead took him to the Verulam police station, where he was assaulted by two police officers, who said: “This is for Leslie. This is for stealing R3 000.”
Gopaul spent that night in custody, sleeping on the floor on a dirty carpet in a cell with a stinking toilet.
The next day a senior officer intervened. As he was being released, Govender’s father-in-law, also a policeman, was shown the construction contract “and held up his hands in disbelief, saying: Oh, God, what has my son-in-law done?’”
In evidence at the trial on liability, Gopaul had said that he was a former teacher, author and publisher of school books.
After his resignation from the teaching profession, he occasionally assisted his wife in her tarmac driveway construction business. He acted as a consultant and visited sites to supervise workers.
Govender had employed them to tar his driveway. The job took longer than expected because of poor weather, and a dispute arose, Govender claiming he had been “taken for a ride”, accusing the Gopauls of stealing his money and demanding it back.
Judge Ndlovu said there was no doubt that Govender and his colleagues had acted in a gross violation of Gopaul’s right to personal liberty and freedom.
“This broad-daylight, most cruel and torturous conduct by members of the supposed professional, decent and community-friendly law enforcement agency on a defenceless and obviously innocent man was utterly unacceptable and cannot be tolerated in a modern, democratic society,” he said.
On the fact that the policemen had not apologised, he said this indicated a lack of remorse.
He said this was an aggravating feature and ordered damages totalling R215 000.
At the time of the initial trial - which began in 2010 and ended in 2013 - Govender was still a police officer.
The Mercury