A Duncan Village man has been awarded more than R500 000 in a civil case against Police Minister Nkosinathi Nhleko after he was unlawfully arrested, detained and tortured.
On Tuesday, East London High Court Judge John Smith ordered the minister to pay Robert Fisa R530208.85 plus interest for general damages, loss of income, and for future medical expenses.
This after officers Asanda Nyameka and Professor Mgunuza picked up Fisa outside the hair salon he worked in at Gilwell Taxi Rank in East London on January 5 2012 under the pretence they were looking for drugs.
During the court proceedings, the officers said they had asked Fisa to accompany them to Fleet Street Police Station because they wanted to recruit him as an informer and denied arresting him.
However, they did not make any entries in the Fleet Street occurrence book or their pocket books relating to the incident and to back their argument that they found a “bompie” of dagga at the salon.
They also denied any assault or torture.
Smith said evidence advanced on the minister’s behalf during the proceedings of the case was “fraught with improbabilities”.
He said after hearing all the evidence Fisa was a “good and credible” witness.
“ claims were crucially corroborated by extensive medical evidence,” Smith said.
“And there is, at the very least, a strong suspicion that Nyameka and Mgunuza had both been complicit in this serious attempt to fabricate evidence,” Smith said.
Fisa’s ordeal started when he was approached by both officers between 10am and 11am outside the salon.
He was searched and thereafter the officers proceeded to the salon but did not find any contraband.
They ordered Fisa to accompany them to their vehicle and drove off with him to Malcomess Park in Southernwood.
Fisa told the court he did not accompany them voluntarily but he did so because they were aggressive.
He said he had been suffocated with a glove and plastic packet while being interrogated about dagga in the car.
The officers then drove to West Bank Prison where they collected food parcels, then proceeded to a shop on Settlers Way where they bought soft drinks.
While parked outside the shop, one of the officers picked up a plastic strip from the ground, and used that to tie Fisa’s hands.
They then took him to Duncan Village Police Station where on arrival he was taken into a room, made to stand on a chair which had been placed on a table, his arms were placed behind him and over a wooden beam, and his wrists fastened to burglar bars with a piece of wire.
They then removed the chair, thereby leaving him suspended from the beam which passed between his arms and torso.
His body was stabilised by the wire.
Fisa was later untied, instructed not to tell anyone about what had happened and returned to the taxi rank around 4pm.
He opened a case and he received medical attention. — siyab@dispatch.co.za
Police to pay R500k for illegal arrest
On Tuesday, East London High Court Judge John Smith ordered the minister to pay Robert Fisa R530208.85 plus interest for general damages, loss of income, and for future medical expenses.
This after officers Asanda Nyameka and Professor Mgunuza picked up Fisa outside the hair salon he worked in at Gilwell Taxi Rank in East London on January 5 2012 under the pretence they were looking for drugs.
During the court proceedings, the officers said they had asked Fisa to accompany them to Fleet Street Police Station because they wanted to recruit him as an informer and denied arresting him.
However, they did not make any entries in the Fleet Street occurrence book or their pocket books relating to the incident and to back their argument that they found a “bompie” of dagga at the salon.
They also denied any assault or torture.
Smith said evidence advanced on the minister’s behalf during the proceedings of the case was “fraught with improbabilities”.
He said after hearing all the evidence Fisa was a “good and credible” witness.
“ claims were crucially corroborated by extensive medical evidence,” Smith said.
“And there is, at the very least, a strong suspicion that Nyameka and Mgunuza had both been complicit in this serious attempt to fabricate evidence,” Smith said.
Fisa’s ordeal started when he was approached by both officers between 10am and 11am outside the salon.
He was searched and thereafter the officers proceeded to the salon but did not find any contraband.
They ordered Fisa to accompany them to their vehicle and drove off with him to Malcomess Park in Southernwood.
Fisa told the court he did not accompany them voluntarily but he did so because they were aggressive.
He said he had been suffocated with a glove and plastic packet while being interrogated about dagga in the car.
The officers then drove to West Bank Prison where they collected food parcels, then proceeded to a shop on Settlers Way where they bought soft drinks.
While parked outside the shop, one of the officers picked up a plastic strip from the ground, and used that to tie Fisa’s hands.
They then took him to Duncan Village Police Station where on arrival he was taken into a room, made to stand on a chair which had been placed on a table, his arms were placed behind him and over a wooden beam, and his wrists fastened to burglar bars with a piece of wire.
They then removed the chair, thereby leaving him suspended from the beam which passed between his arms and torso.
His body was stabilised by the wire.
Fisa was later untied, instructed not to tell anyone about what had happened and returned to the taxi rank around 4pm.
He opened a case and he received medical attention. — siyab@dispatch.co.za
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