Cop seeks damages for ‘brutal’ arrest

2015-11-12 11:00


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Pietermaritzburg - Two police captains are locking horns in the Pietermaritzburg high court, where one is suing the minister of Police for damages over his allegedly “brutal” arrest in 2011.

Captain Paul Williams of the Crime Intelligence Unit has instituted a civil damages claim totalling R318 753,37 against the minister and commissioner of the SAPS, and Captain Mlungisi Wilfred Madladla of the Public Order Policing Unit.

Judge Peter Ohlsen was yesterday asked to separate the issue of liability from the amount that Williams will be entitled to if he succeeds in his claim.

The court was told that Williams will allege he was “dragged out” of his car by a group of policemen in Globe Road, Scottsville, on the night of September 2, 2011. This happened after he allegedly shouted at them to “move their bloody vehicles” which were blocking the road.

He came across the vehicles after dropping a friend at home after they had supper together.

Williams alleges he was arrested for no legitimate reason with “unnecessary brute force”.

He was also allegedly assaulted by being “slammed” against his car with his hands handcuffed behind his back, which damaged his car.

He also alleges his handcuffs were made so tight they cut off circulation to his hands, and claims he was thrown “head first” into the back of the police van.

He was thereafter allegedly driven around at high speed and over speed humps with the vehicle braking so that he was tossed around in the back, his advocate Chris Hattingh said.

Williams alleges he suffered nerve damage to his hands, concussion, and suffers from post traumatic stress disorder and depression as a result of his ordeal.

Testifying about the events that night, Captain Madladla said Williams was the aggressor and appeared to have been under the influence of alcohol at the time.

Madlala said Williams pulled up next to him when he parked his car outside his house in Scottsville at about 8.45 pm and asked what he was doing there “during working hours”.

He claims Williams used insulting and crude language towards him which was so bad the judge barred him from repeating it in open court.

Madladla alleged he smelled alcohol on Williams’s breath and said he radioed for “back up”.

Williams drove away, but returned to the scene after Madladla’s colleagues had arrived.

Madlala said Williams would not ­co-operate when told he was being arrested on suspicion of drunk driving and crimen injuria (using vulgar language), but kept “passing a lot of remarks”, including calling him a “stupid captain”.

As a result, Williams was “dragged” out of his car and fell on the ground, he said.

He denied the police van was later driven in the manner that Williams alleged. After initially stopping at Alexandra police station to obtain a drunk driving kit, Williams was taken to Daymed hospital where blood was drawn from him for testing.

The case continues today.

Read more on:    pietermaritzburg  |  arrest

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