‘Raped’ man sues police for damages
December 6 2012 at 11:34am
By ZELDA VENTER
By ZELDA VENTER
AFP
File photo
Pretoria - A man from Ermelo in
Mpumalanga is claiming R3.5 million in damages from the police following his
harrowing ordeal when he was allegedly gang-raped by eight inmates in a
Polokwane police cell after he was arrested for negligent driving,
alternatively driving under the influence of alcohol.
The 30-year-old, who may not be
identified, instituted the claim in the Pretoria High Court.
He was involved in an accident on
January 6, 2008, after he was driving home from a friend’s place and his tyre
burst. He hit a traffic light and was taken to hospital by ambulance with
broken ribs and bruises.
He stated in court papers that when he
was discharged from hospital a few hours later, the police waited for him
outside the building and arrested him without a warrant.
According to him he was cuffed and
thrown with force into the back of a police van. He stated that the cops drove
the van in such a manner that he fell around in the back. He could not hold on
to anything as he was cuffed and as he was already injured due to the accident,
he suffered more pain and discomfort.
He begged the officers at the police
station, in vain, to allow him to make a call to inform his family where he was
and to call his lawyer.
He said he was thrown into a cell, with
about 25 other detainees. He was raped by a group of about eight of these men,
who pushed his head into a pillow to muffle his cries while they raped him.
According to court papers he was repeatedly raped and assaulted in the cell.
He said no police officer came to check
on what was happening in the cell and his cries for help went unanswered. He
was only released the next morning when he was able to contact his lawyer, who
arranged bail for him.
He had to receive antiretroviral drugs
and was later told that he had not contracted HIV.
He is blaming the police for his
nightmare ordeal and accused them of being negligent. His case is based on the
fact that the SAPS had a legal duty to protect him while in custody.
He is also contesting the validity of
his incarceration overnight, stating that there was no reason to keep him
behind bars in order to ensure that he would appear in court later. (It is not
clear what eventually happened to his criminal case.)
The police are alleged to have failed
to establish whether the man was a flight risk or posed a risk to others before
denying him his freedom.
The man said his life had been
shattered by his ordeal. He suffered injuries and post-traumatic stress
disorder.He had lost his job, as he could no longer work, due to his mental
state.
His claim included R1.5m for the
injuries he suffered as a result of the rape and R1.2m for loss of income.
The police denied liability and said
they had been within their rights in arresting the man as he had been suspected
of drunken driving or reckless and negligent driving. It was stated that a
blood sample taken from him confirmed that he was under the influence of
alcohol.
It was denied that he was raped.
According to a psychologist’s report,
the man has severe post-traumatic stress disorder, and the condition is
becoming worse. The man has outbursts of anger, he acts in an unstable manner
towards people, and he repeatedly relives his ordeal in his mind and by talking
about it.
He is also upset about losing his job
as a courier and about being unemployed.
The matter was postponed indefinitely.
Pretoria News
