Murder-accused men sue for wrongful arrest, assault
Two men from Rehoboth are each demanding thousands of dollars from the Namibian Police, claiming they were wrongfully arrested for a murder they did not commit. They further claimed that they were assaulted by police officers during their interrogation.
Peter-George Busch (20) and Fasley Geraldo De Klerk (39) claim they were wrongfully and unlawfully arrested on 4 July 2022 in connection with the murder of Bradwin Diergaardt.
"[Police officers] arrested and detained them without reasonable suspicion or probable cause that they committed the murder," court documents read.
The men said they were detained for about 56 hours at Rehoboth's police station, during which they were apparently interrogated extensively.
‘Assault’
“[Busch and De Klerk] were threatened and belittled by [two police officers] in an attempt to extract information from them. They repeatedly indicated that they had no knowledge of the alleged murder, which angered [the officers] to such an extent that one of them fetched a black plastic ‘sjambok’, which he used to beat [Busch] across his back."
According to the two men's particulars of claim, Busch suffered severe pain and anxiety as a result. "He also suffered a thick, red wound to his back from the impact of the ‘sjambok’.”
They further claimed that De Klerk was punched in his stomach by one of the police officers during one of the protracted interrogations.
"They posed no threat to [the officers] or any other police officer at the time of these brutal assaults."
According to court documents, the men were held in a dirty, foul-smelling cell without food, mattresses or blankets.
"They were detained with more than 30 unknown men until approximately 16:00 on 6 July 2022 when they were released without being charged.”
'Free of injury'
The home affairs, immigration, safety and security ministry and police admitted that the two men were arrested on 4 July 2022, but claimed it was on the basis of reasonable suspicion that they had committed the murder.
"The preliminary investigation indicated that the two men were the last people seen with the deceased."
They further explained that the men were released again within 48 hours after further conclusions were made based on the investigation.
The men were released ‘free of injury’, according to court documents, with the police officers denying that they threatened, bullied or assaulted them.
The men each demanded N$460 000 in damages: N$200 000 for alleged unlawful arrest and detention, N$200 000 for the alleged assault and N$60 000 for legal costs.
On Wednesday, the parties appeared in the Windhoek High Court before Judge Collins Parker for pre-trial proceedings.
– [email protected]
Peter-George Busch (20) and Fasley Geraldo De Klerk (39) claim they were wrongfully and unlawfully arrested on 4 July 2022 in connection with the murder of Bradwin Diergaardt.
"[Police officers] arrested and detained them without reasonable suspicion or probable cause that they committed the murder," court documents read.
The men said they were detained for about 56 hours at Rehoboth's police station, during which they were apparently interrogated extensively.
‘Assault’
“[Busch and De Klerk] were threatened and belittled by [two police officers] in an attempt to extract information from them. They repeatedly indicated that they had no knowledge of the alleged murder, which angered [the officers] to such an extent that one of them fetched a black plastic ‘sjambok’, which he used to beat [Busch] across his back."
According to the two men's particulars of claim, Busch suffered severe pain and anxiety as a result. "He also suffered a thick, red wound to his back from the impact of the ‘sjambok’.”
They further claimed that De Klerk was punched in his stomach by one of the police officers during one of the protracted interrogations.
"They posed no threat to [the officers] or any other police officer at the time of these brutal assaults."
According to court documents, the men were held in a dirty, foul-smelling cell without food, mattresses or blankets.
"They were detained with more than 30 unknown men until approximately 16:00 on 6 July 2022 when they were released without being charged.”
'Free of injury'
The home affairs, immigration, safety and security ministry and police admitted that the two men were arrested on 4 July 2022, but claimed it was on the basis of reasonable suspicion that they had committed the murder.
"The preliminary investigation indicated that the two men were the last people seen with the deceased."
They further explained that the men were released again within 48 hours after further conclusions were made based on the investigation.
The men were released ‘free of injury’, according to court documents, with the police officers denying that they threatened, bullied or assaulted them.
The men each demanded N$460 000 in damages: N$200 000 for alleged unlawful arrest and detention, N$200 000 for the alleged assault and N$60 000 for legal costs.
On Wednesday, the parties appeared in the Windhoek High Court before Judge Collins Parker for pre-trial proceedings.
– [email protected]
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