Judge dismisses assault claim against police
JANA-MARI SMITH
WINDHOEK
A High Court judge yesterday dismissed a N$900 000 civil suit brought against three police officers and their employers for an alleged 2019 assault that led a man to defecate and sustain a dislocated shoulder.
Judge Collins Parker dismissed the lawsuit brought by Ebson Katire in which he had demanded N$900 000 in damages for allegedly sustaining physical and mental injuries while in custody on 11 September 2019 at Okandjatu.
Parker said the court was not satisfied that there was any evidence to prove the assault. He added that Katire’s only witness, who was with him on the day in question, could not verify the assault.
He said the plaintiff’s evidence of the alleged assault was “unsafe and unsatisfactory”.
The judge further noted that Katire waited for “five long days before seeking medical attention for what he described as a severe beating”. He added that the medical report admitted to court did not assist in deciding whether the injuries were a result of the alleged assault.
Parker dismissed the claim with no cost order to either party.
Unsuccessful
Katire sued the safety and security ministry, the police inspector general and three police officers in February 2020.
He alleged that he was arrested, handcuffed and taken to the Okandjatu Police Station. There, he claimed, three police officers began “kicking me with boots all over my body, punching me, hitting me with their hands, and twisting my handcuffed arms”.
He further alleged that “the brutal assault lasted for more than an hour, until [he] defecated”.
Katire said he was kept behind bars for more than 24 hours and eventually released without being charged.
The police admitted that Katire was taken into custody, but noted that that he was well-known for his “tendency of aggressive and vulgar behaviour when under the influence of alcohol”.
They further argued that Katire had been “visibly drunk and unruly” and was taken into “dry-out custody”.
During trial, the police argued that he was handcuffed because he “posed a flight risk” and resisted arrest.
The police further dismissed the assault allegations, and denied Katire sustained any injuries while in custody.
WINDHOEK
A High Court judge yesterday dismissed a N$900 000 civil suit brought against three police officers and their employers for an alleged 2019 assault that led a man to defecate and sustain a dislocated shoulder.
Judge Collins Parker dismissed the lawsuit brought by Ebson Katire in which he had demanded N$900 000 in damages for allegedly sustaining physical and mental injuries while in custody on 11 September 2019 at Okandjatu.
Parker said the court was not satisfied that there was any evidence to prove the assault. He added that Katire’s only witness, who was with him on the day in question, could not verify the assault.
He said the plaintiff’s evidence of the alleged assault was “unsafe and unsatisfactory”.
The judge further noted that Katire waited for “five long days before seeking medical attention for what he described as a severe beating”. He added that the medical report admitted to court did not assist in deciding whether the injuries were a result of the alleged assault.
Parker dismissed the claim with no cost order to either party.
Unsuccessful
Katire sued the safety and security ministry, the police inspector general and three police officers in February 2020.
He alleged that he was arrested, handcuffed and taken to the Okandjatu Police Station. There, he claimed, three police officers began “kicking me with boots all over my body, punching me, hitting me with their hands, and twisting my handcuffed arms”.
He further alleged that “the brutal assault lasted for more than an hour, until [he] defecated”.
Katire said he was kept behind bars for more than 24 hours and eventually released without being charged.
The police admitted that Katire was taken into custody, but noted that that he was well-known for his “tendency of aggressive and vulgar behaviour when under the influence of alcohol”.
They further argued that Katire had been “visibly drunk and unruly” and was taken into “dry-out custody”.
During trial, the police argued that he was handcuffed because he “posed a flight risk” and resisted arrest.
The police further dismissed the assault allegations, and denied Katire sustained any injuries while in custody.
Comments
Namibian Sun
No comments have been left on this article