Govt sued for park shooting
The parents of a little girl who was shot in the head by an anti-poaching patrol in the Bwabwata National Park last year are suing the government, while a criminal case is still pending.
The Keil family, whose daughter was shot in the head by an anti-poaching unit in the Bwabwata National Park last year, are suing the government for N$3.2 million in damages.
The family of four - Harald Keil, his wife Teresa, and their two young daughters, Alexia and Caitlyn - were on holiday in the Kavango East Region when an anti-poaching unit shot at them on 15 March 2017.
Alexia, who was three years old at the time, was shot in the head and had to undergo brain surgery. The family opened a case of attempted murder against the patrol members, in which a decision by the prosecutor-general is still pending.
Meanwhile a civil claim has been instituted against the ministries of safety and security, defence, and environment and tourism.
The chief of the defence force, the inspector-general of the Namibian Police and the Namibian government are also listed as respondents.
The spokesperson for the Namibian Police, Deputy Commissioner Edwin Kanguatjivi, yesterday confirmed that they had received the summons and that they would contest the matter.
A supporting affidavit states that members of the anti-poaching unit acted with gross negligence on 15 March 2017 when they fired on the family car on a public road in the national park.
The documents indicate that the family had been stopped by some armed men who did not identify themselves.
These men acted “intimidatingly and aggressively” and ordered them to leave the vehicle.
Since some of these men tried to force their way into the car, the family feared that their actions could be an attack or attempted kidnapping and drove off.
Some of the armed men shot “wildly” at the car. According to the documents, this action was irresponsible because the men, some of whom were in plainclothes, had neither erected a roadblock nor presented identification documents or a search warrant for the vehicle.
According to the plaintiffs the men opened fire on a car and its passengers who posed no danger to them. “There was no reason to do so and they knew or ought reasonably to have known that they could cause serious injury to innocent parties including passengers.”
The demand for compensation adds up to N$3.2 million and includes redress for the trauma suffered during the shooting incident, as well as an associated loss of quality of life.
According to the official incident report released by the ministry last year, Keil and his family entered the Buffalo Core Area in the Bwabwata National Park on 12 March and were briefed at the tourism reception area about the rules and regulations as well as the security forces in the park. They left the park that same day.
On 15 May they again wanted to enter the park and when officials wanted to brief them again, Keil said he was already informed.
That morning three gunshots had been reported in the area of Pica-Picau and Nova in the Buffalo Core Area and it was suspected that there were elephant poachers in the area, according to the ministry.
Anti-poaching activities were intensified and a mobile roadblock was set up.
“At about 15:00 the anti-poaching unit, dressed in full uniform and with a government vehicle parked next to the road, stopped Keil and his family,” said the ministry.
They introduced themselves and asked to search the vehicle. According to the ministry Keil then just drove off and the team fired warning shots.
The next shot was fired at the right back wheel, puncturing the tyre. Three further shots were fired at the vehicle but the vehicle still did not stop.
“The family drove past the tourism reception where they could have reported the shooting but did not,” said the ministry. They only stopped at the Divundu police checkpoint.
The spokesperson for the environment ministry, Romeo Muyunda, yesterday confirmed to Namibian Sun that the ministry was aware of the lawsuit.
He referred further questions to the Namibian Police, adding that the safety and security ministry was listed as first respondent in the case.
ELLANIE SMIT
The family of four - Harald Keil, his wife Teresa, and their two young daughters, Alexia and Caitlyn - were on holiday in the Kavango East Region when an anti-poaching unit shot at them on 15 March 2017.
Alexia, who was three years old at the time, was shot in the head and had to undergo brain surgery. The family opened a case of attempted murder against the patrol members, in which a decision by the prosecutor-general is still pending.
Meanwhile a civil claim has been instituted against the ministries of safety and security, defence, and environment and tourism.
The chief of the defence force, the inspector-general of the Namibian Police and the Namibian government are also listed as respondents.
The spokesperson for the Namibian Police, Deputy Commissioner Edwin Kanguatjivi, yesterday confirmed that they had received the summons and that they would contest the matter.
A supporting affidavit states that members of the anti-poaching unit acted with gross negligence on 15 March 2017 when they fired on the family car on a public road in the national park.
The documents indicate that the family had been stopped by some armed men who did not identify themselves.
These men acted “intimidatingly and aggressively” and ordered them to leave the vehicle.
Since some of these men tried to force their way into the car, the family feared that their actions could be an attack or attempted kidnapping and drove off.
Some of the armed men shot “wildly” at the car. According to the documents, this action was irresponsible because the men, some of whom were in plainclothes, had neither erected a roadblock nor presented identification documents or a search warrant for the vehicle.
According to the plaintiffs the men opened fire on a car and its passengers who posed no danger to them. “There was no reason to do so and they knew or ought reasonably to have known that they could cause serious injury to innocent parties including passengers.”
The demand for compensation adds up to N$3.2 million and includes redress for the trauma suffered during the shooting incident, as well as an associated loss of quality of life.
According to the official incident report released by the ministry last year, Keil and his family entered the Buffalo Core Area in the Bwabwata National Park on 12 March and were briefed at the tourism reception area about the rules and regulations as well as the security forces in the park. They left the park that same day.
On 15 May they again wanted to enter the park and when officials wanted to brief them again, Keil said he was already informed.
That morning three gunshots had been reported in the area of Pica-Picau and Nova in the Buffalo Core Area and it was suspected that there were elephant poachers in the area, according to the ministry.
Anti-poaching activities were intensified and a mobile roadblock was set up.
“At about 15:00 the anti-poaching unit, dressed in full uniform and with a government vehicle parked next to the road, stopped Keil and his family,” said the ministry.
They introduced themselves and asked to search the vehicle. According to the ministry Keil then just drove off and the team fired warning shots.
The next shot was fired at the right back wheel, puncturing the tyre. Three further shots were fired at the vehicle but the vehicle still did not stop.
“The family drove past the tourism reception where they could have reported the shooting but did not,” said the ministry. They only stopped at the Divundu police checkpoint.
The spokesperson for the environment ministry, Romeo Muyunda, yesterday confirmed to Namibian Sun that the ministry was aware of the lawsuit.
He referred further questions to the Namibian Police, adding that the safety and security ministry was listed as first respondent in the case.
ELLANIE SMIT
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