A case of mistaken identity when the police arrested one twin brother instead of the other will cost taxpayers more than R2.1m.
|||Pretoria - A case of mistaken identity when the police arrested one twin brother instead of the other will cost taxpayers more than R2.1 million.
Judge Francis Legodi in the high court in Pretoria ordered the minister of police to pay the damages to Shane Smith, 34, of Vereeniging.
His lawyer, Jean-Paul Rudd of Adams & Adams, said the money was for the damages Shane suffered as a result of his unlawful arrest and assault by members of the Barrage police station in Vanderbijlpark.
Police arrested Shane on March 11, 2011, without a warrant at the home of his brother Wayne. Shane tried to explain he was not Wayne, but he was assaulted as the police believed he was lying.
Shane showed the police his ID document and driver’s licence in a bid to show them that they were mistaking him for his twin brother.
Shane was looking after his brother’s house for the weekend while Wayne was away.
According to Rudd, the police turned a deaf ear and handcuffed and assaulted Shane in front of his wife and small child.
Shane said police came looking for Wayne, as they had received information that he had stolen some goods.
Shane was whisked off to the police station and when Wayne returned from his weekend away, he reported to the police station to try to clear matters up. He tried to explain to police that it was a case of mistaken identity, but he too, was arrested and placed in a cell.
The police did not release Shane and he spent 29 days in the Leeuhof prison. Shane and Wayne were eventually cleared of any wrongdoing after the court found no evidence to link either of them to the stolen goods.
Rudd said that as a result of the assault during his arrest, Shane sustained concussion, lacerations and a neck injury. He was also subjected to “additional traumatic events” during his detention in prison - the nature of which was not disclosed.
He was working as a receiving clerk before his arrest, but he was ridiculed by his colleagues when he returned to work. He also lost out on a promotion and eventually resigned. He now works at his father’s panel beating business.
“Shane is now suffering from behavioural problems, anxiety, a short temper, flashbacks and social withdrawal. These symptoms represent chronic post-traumatic stress disorder,” Rudd said.
Shane initially claimed R4.9m from the SAPS.
Wayne received R150 000 from the police for unlawful arrest and detention. Rudd said he claimed far less in damages than his brother because he only spend a few days in jail before he was released. The police were found to be liable for the pair’s suffering.
Shane Smith was awarded R2 million after he was arrested unlawfully. His twin brother Wayne was awarded R150 000 for unlawful arrest.
zelda.venter@inl.co.za
Pretoria News