Prison officials say beating of prisoner justified

In the case in which the American murder accused, Marcus Thomas, claims he was assaulted in Windhoek Central Prison in 2017, the defendants argue that it was justified by the circumstances.

"The beating of the plaintiff (Marcus Thomas) was with minimal force and legally justified under the circumstances," the home affairs, immigration, safety and security ministry, and the Namibian Correctional Service (NCS) claimed in their final arguments filed with the Windhoek High Court last week.

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This forms part of the civil lawsuit in which Thomas is claiming N$1.1 million in damages, alleging that he was assaulted by NCS members at the prison six years ago.

"The plaintiff has been a difficult, unpredictable, and aggressive prisoner since his admission to the Windhoek Central Prison in 2011. The authorities, especially the security department, considered the plaintiff a dangerous prisoner."

The defendants, which include the ministry, the NCS, and five members of the NCS, further pointed out that Thomas also attempted to escape the facility.

Although Thomas argues that he was treated differently because he is an American, the defendants claim that it was his history and aggression, as well as the authorities' concern that he wanted to escape, that led them to keep an eye on him.

Tension

Thomas is seeking compensation from the defendants for alleged wrongful injury and violation of his right to dignity, protection against torture or cruel, inhuman treatment, and discrimination.

He claims that on 13 January 2017, he was summoned to the office of the former head of security at the prison, Silas Matheus, after he and another inmate had a fight. He alleges that he was then assaulted by Matheus and other NCS members and beaten all over his body with batons.

The defendants argue that they were struggling with illegal smuggling of prohibited items into the facility at the time of the alleged assault. They conducted unannounced cell searches that, according to them, caused friction between the inmates. The inmates allegedly blamed each other, leading to a series of fights between them.

Different versions

The defendants claim that on the day, Thomas and fellow prisoner Reinhold Itembu got into a fight and were taken to Matheus' office. According to the defendants' version of events, Thomas continued to attack Itembu in the office.

Officials allegedly intervened and tried to remove Itembu from Thomas' chokehold.

"Physical violence was eventually used. The plaintiff was hit with a club on the arms, shoulders, and back.

"The violence used was reasonable in the circumstances and resulted in the plaintiff releasing Itembu. It was necessary to protect Itembu from physical injury and/or death."

The defendants further argue that it was only Matheus who hit Thomas, while Thomas claims he was assaulted by a group of officials.

Questions

Thomas rejects the defendants' argument that they wanted to protect Itembu from harm and argues that Itembu was not present during the assault in Matheus' office. Thomas has referred to Itembu's testimony that he was standing outside the office and allegedly heard Thomas being beaten.

Thomas further pointed out that he filed a complaint after the assault, and the disciplinary committee found Matheus guilty of assault.

The parties appeared before Judge Hannelie Prinsloo on Monday and Tuesday this week.