Man claims R23m from police
2004-06-03 09:15
Cape Town - A Stellenbosch paraplegic is claiming more than R23m from the police after he was shot by a woman who was mentally unfit to be in possession of a firearm licence.
The appeal court has found that he may sue the police for damages.
In documents before the court Ian Hamilton, 33, of Die Boord claims he was shot by Erna McArdell at a block of flats in Die Laan on August 6 1994. Hamilton has been a paraplegic since.
He alleged that McArdell was a paranoid psychopath with a disturbed personality at the time who was abusing prescribed medicine and alcohol.
She threatened to use the firearm before the incident.
The minister of safety and security, Charles Nqakula, is opposing the application.
Hamilton alleges that police officers did not take the necessary steps to investigate the application.
They also did not investigate whether she was mentally competent to receive a licence.
The Cape High Court found in 2002 that the police were responsible for Hamilton's injuries. The police appealed against the finding.
Last year a full bench of the appeal court ruled that the officials who had issued the licence to McArdell had been negligent and that their negligence had enabled her to be in a position to shoot Hamilton.
Hamilton's lawyers have to prove the amount of compensation that he should receive to the court.