Family sues cops after attack
2010-07-28 10:13
Jeanne-Marié Versluis, Beeld
Johannesburg - A family who were attacked in their home by an intruder are now claiming damages because police took handcuffs off the attacker on the scene and he then apparently continued his attack.
Willem van Schalkwyk, 47, his wife, Ria, 45, and their children, Liela, 20, and Hestie, 19, are claiming several amounts from the minister of safety and security in the North Gauteng High Court.
The amounts range from R1.5m for Van Schalkwyk to R310 000 for each daughter.
According to their court documents, Mathome Simon Maphetho broke into their Polokwane home on October 6 2007.
Stabbed
He stabbed Van Schalkwyk several times. Ria and Liela took the knife from Maphetho and tried to bring him under control.
Constable Manyane Jonas Tshepo, a police reservist, then arrived on the scene followed by Inspector Malesela Lucas Mogolane and Inspector Mackson Mogau Selepe.
Tshepo cuffed Maphetho and then spoke to him in a language that the Van Schalkwyks didn't understand.
Afterwards Tshepo told the family that he couldn’t arrest Maphetho as "there was too much blood or words to that effect".
He took off the handcuffs and left the room, leaving Maphetho with the family.
The plaintiffs claimed Maphetho took the knife and stabbed Van Schalkwyk again before they could bring him under control.
When Ria wife wanted to take her seriously injured husband to hospital in their Toyota Fortuner, the police vehicle was blocking the driveway.
Police refused to let the couple leave the property, it was alleged.
Ria then drove into the police vehicle and pushed it out of the way.
A charge of reckless or negligent driving was made against her. It was later retracted.
Suspect was 'unwell'
The defendant said in court documents that after Tshepo put on the handcuffs, he had ordered the family to leave the house because it was a crime scene.
Maphetho then showed signs of being "unwell".
He was bleeding heavily and fainted.
Tshepo took off the cuffs because of Maphetho's condition.
He was satisfied that Maphetho was not capable of running away.
The defendant said Tshepo was in the presence of the family at all times and in this time Maphetho didn't attack or threaten anyone.
The court ordered the defendant this week to react to a notice from the plaintiffs.