Cape Town - A Mitchells Plain man who sued the police for almost a R1million after he was allegedly assaulted and arrested at a rowdy party at his house, had his case thrown out “because he was so drunk that he does not have a full recollection of what actually happened”.
Christopher Johan November, from Rocklands sued the police minister for R948000 for alleged wrongful and unlawful arrest.
His litigation follows an incident that happened on April 26, 2015 at his house that resulted in his leg
being fractured.
Police twice responded to a complaint about loud music to the house and during the second visit arrived at around midnight.
The occupants of the house, who had consumed alcohol, claimed that the music was switched off after the second visit, but police arrested them and when they refused, a scuffle ensued which resulted in November injuring his leg.
After considering the facts, acting Judge Daniel Thulare said: “November’s own testimony was that he struggled with the police to get him to the van. I find that the police received a hostile reception at that house when they informed the occupants about the further complaint of noise.
“In my view the extent of the impairment of the faculties of November that night as a result of alcohol consumption that it can safely be said that he was so drunk that he does not have a full recollection of what actually happened. They had been drinking beer and Richelieu from around 5pm and the incident happened around midnight.”
The assault matter was before the Mitchells Plain Magistrate’s court on June 30, 2015 and the three accused apologised to the police officers and told them that they were drunk on the day of the incident and did not mean to behave that way.
@TheCapeArgus