Officer allegedly hid under a desk during inmate attack, lawsuit says

A former detainee at a police station in the Ohangwena region is suing government for N$600 000, alleging he was stabbed and severely beaten by fellow inmates during a police-arranged mediation between rival gangs – while the sole officer present allegedly hid under a table.

The civil claim was filed by Petrus Lineekela Hauwanga, who claims the assault happened on 17 April 2024 while he was in police custody.

Hauwanga's lawsuit says he was being held in cell 2 on unrelated charges when a fight broke out among inmates on 16 April.

The following day, police allegedly organised what was described as a “peace meeting” between inmates from cell 2 and cell 3 in the station’s boardroom.

Hauwanga claims he was stabbed in the back with a knife or sharp object shortly after he entered the boardroom. He was then subjected to a prolonged assault.

“He was cut with blades and assaulted with various objects, including broken chairs, metal irons, wooden sticks and curtain rails,” the court document states.

Police conduct questioned

The plaintiff argues that police either orchestrated the attack or failed in their duty to protect him.

The lawsuit claims that only one officer was stationed in the room when the violence erupted.

That officer allegedly admitted under cross-examination that he did not intervene and instead hid under a desk and called for help.

“The police have a duty to protect inmates in their custody,” the filing states, adding that the state should be held liable for the conduct of its officers.

The legal team also points to inconsistencies in police testimony, including claims that Hauwanga himself had requested the meeting – an assertion not put to him during his testimony and absent from earlier statements.

Evidence disputed

The presence of a weapon is also contested.

While police witnesses claimed a knife had been confiscated before the meeting, the plaintiff cites photographic evidence showing a knife at the scene, as well as medical records proving multiple injuries.

The submission further argues that officers were aware of the risks, noting that a violent altercation had already occurred the previous day and that detainees were considered dangerous.

Despite this, the plaintiff alleges that security measures were inadequate, with too few officers present and objects available in the room that could be used as weapons.

Questions have also been raised about whether inmates were properly searched before being brought together.

Medical records show Hauwanga sustained a stab wound to the back, multiple head injuries, fractured ribs and extensive bruising and lacerations, requiring hospital treatment and X-rays.

He claims the incident left him physically injured and emotionally traumatised, adding that the assault occurred in front of others, including his family.

His legal team argues that the severity of the injuries and the circumstances justify compensation of N$600 000.

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