After an assault in prison during 2012, the Northern Cape High Court ordered that the victim be compensated. Picture: Archives
Having suffered serious injuries following an assault while being detained at a Northern Cape prison, the Police Ministry has been ordered to pay the man R150 000 in general damages.
After his arrest on March 3, 2012, Martin Damon suffered serious neck and spinal injuries when he was assaulted by a fellow detainee at Nababeep police station, Springbok, Northern Cape Province.
Damon instituted legal action against the police minister during 2015 as he averred his assault was due to the unlawful conduct of police officers.
The Police Ministry said its legal services would brief the ministry on the judgment.
Police ministry spokesperson, Kamogelo Mogotsi, said: “Legal Services will brief the ministry on the outcome as well as prospects for appeal, whereafter the ministry will decide.”
According to an expert witness — a specialist physician testifying for Damon’s case — he had attended to Damon, who was brought into the casualty ward on a stretcher at the Springbok Hospital.
“He referred the plaintiff to the Kimberley Hospital for a neck operation, as the neck injury was causing compression on the spinal cord which could lead to a neurological fallout, thus the neck operation was necessary to prevent further damage. He testified that the plaintiff was almost partially paralysed. He testified that the plaintiff would need further medical intervention in the form of pain management,” the specialist testified.
Damon testified that since the incident, he has been unable to walk on his own without support and has difficulty sleeping.
“He testified that he currently receives the testosterone injection monthly, because of impotence, which medication he did not need prior to the incident. He testified that prior to the incident, he was working as an independent broker and had been working from home since 2011.
“He testified that he is no longer able to do the work he did previously, as his driving ability and movement is limited. He testified that prior to the incident, he was involved in community work/organisations, but he is no longer involved because of his disability,” the judgment read.
According to the plaintiff, he was not charged for medical expenses incurred at Springbok Hospital and Kimberley Hospital, but he has spent money for pain medication and doctors’ appointments since 2012, but could not disclose the amount.
In the judgment,Judge Thandisa Tyuthuza noted that counsel for the minister of police submitted that there was no proof before the court as to the extent the plaintiff’s injuries have gotten worse or whether they have gotten worse at all.
“He submitted that the issues experienced by the plaintiff are from arthritis, and that the plaintiff has not presented any evidence from an orthopedic surgeon regarding the seriousness of his injuries. The plaintiff also failed to adduce any medical evidence to link his alleged impotence to the injuries he sustained.
“As I observed, the plaintiff appeared frail and to be suffering from pain. This is also evident from the fact that he received chronic medication for pain management monthly. The plaintiff, however, adduced very little information regarding his personal circumstances, save for the factors as alluded above. Having considered all the evidence, I am of the view that an amount of R150 000 is justified to award the plaintiff,” Judge Tyuthuza said.
chevon.booysen@inl.co.za