Pretoria - Almost 10 years ago a man decided to go on a Christmas shopping trip to Cape Town, and took his physically handicapped nephew who was 8. But Nundkissoon Latchman, and the boy (who may not be named) were locked up by police, he for two nights and the boy for one.
Now, the Gauteng High Court, Pretoria, has found the police acted unlawfully - and it is going to cost the taxpayer dearly.
Latchman instituted a damages claim against the police on his own behalf and on behalf of the child. The court ordered he receive R200 000 in damages and the boy, now a teenager, R180 000.
Latchman was invited by a friend, Feng Chu Yeh, to accompany him and three Chinese women to Cape Town during December 2008, and took his nephew for the ride.
Then, on Christmas Eve, they decided to go to Hout Bay where Yeh wanted to buy fresh fish. He told Latchman that someone told him about a place where he could buy the best fish.
They went to a location where he bought fish, and placed it on ice as they continued with their shopping.
On the way back to their accommodation in Cape Town, the car in which they were driving was pulled off the road by the police and searched.
They found the bag with what Latchman thought was the fish. But when police opened the bag, it actually contained abalone. He told the police the bag belonged to Yeh, but the police insisted on arresting everyone, including the child.
Yeh pleaded with the police, saying the bag was his and they must let the others go.
But they were all taken to a police station where they were locked in a cell.
Another officer arrived and told his colleague to “take that little boy out of the cell”. But this was not done, and he stayed with the group.
Latchman said the child was young, physically handicapped and terrified. He sat with the crying child on his lap the entire time they were locked up.
The next day - which was Christmas - the child was released to his father, while Yeh and Latchman were kept locked up until the following day when they were given bail.
Nothing ever came of the charges against them, said Latchman.
The officer who arrested them told the court that the child had not been arrested nor locked in a cell but was kept in the victim support room at the charge office. He said he had not wanted to take the child to a place of safety as “the kids there were rough”.
But the child testified that he was locked up in a cell with his uncle and others. He said the toilets were filthy and he would never forget a policeman saying to him that night, “Enjoy your night in jail with bugs.”
He had to sign a statement with the heading “You are detained for being in possession of abalone” and he was also read his rights, he said. This document, with the child’s signature, was shown to the court.
Acting Judge J Hattingh said the police had clearly lied. He frowned upon the fact that a child was placed in a cell along with adults and that the police refused to grant the group bail under these circumstances, it being Christmas.
In granting damages to the child, the judge said he took the tender age of the boy into consideration, coupled with his physical condition and the fact that he still had nightmares from his ordeal.