Police must pay R2.9m for
shooting innocent man
Picture: GALLO IMAGES/DIE SON/WILLIAM McKINTOSH
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A FIVE-year legal wrangle has resulted in the Police Ministry being
ordered to pay nearly R3m in damages to a man who was shot in the head by police
in a helicopter who mistook him for a fleeing armed robber.
In addition to the damages award was costs order that could run into
millions of rand, as the police ministry used every possible legal avenue to
avoid taking the blame for the shooting.
In the 2012-13 financial year there were thousands of complaints against
police officers, and more than 700 deaths as a result of police action,
necessitating a contingent liability for the police of about R20bn to settle
civil cases it might lose.
High-profile incidents include the killing of 34 miners by police at
Marikana, the dragging and subsequent death of Mozambican Mido Macia, the
shooting of Ficksburg activist Andries Tatane, and complaints of increased use
of torture by the police.
Most of the legal proceedings were under the watch of former police
minister Nathi Mthethwa and not the recently appointed Nathi Nhleko.
It was common cause in the South Gauteng High Court that Lloyd Hendricks
suffered gunshot wounds to his head after police fired shots from a helicopter
on May 6 2009.
Bullet fragments remain in his head because it would be life threatening
to remove them. He has suffered from epilepsy since the shooting and could
become psychotic in the future.
It was also not in dispute that Mr Hendricks suffered 50% loss of vision
and constant headaches as a result of the shooting.
In a judgment, handed down on June 6, Acting Judge Colleen Twala said
the R250,000 the police wanted to pay Mr Hendricks was not reasonable. She
instead awarded R2.9m for damages, loss of earnings and future medical
expenses.
Acting Judge Twala also ordered that the police minister pay the costs
of the trial, those of the experts who testified, and of Mr Hendricks’ counsel.
His instructing attorney, Martin Hood, said on Tuesday that his client
was shot after a robbery at a supermarket while a police helicopter was
tracking the getaway car. He said they recklessly fired at a car they thought
was the getaway vehicle and wounded Mr Hendricks.
Mr Hendricks was also arrested, but not charged.
He said the legal costs were likely to run into the millions.
