‘Man likely broke leg in fall, not in police assault’

THE Grahamstown High Court has found a man – who had alleged that he was assaulted by the police – most likely fell and broke his leg.

Nkosiyabo Bota, 47, said the police had assaulted him in Duncan Village‚ East London‚ at about 9pm on August 9 2013.

He said he had broken his leg and sustained soft tissue injuries‚ bruises and abrasions when he was hit and kicked.

The police had also tackled him to the ground, he testified. The police denied this. It was Bota’s responsibility to prove his version, Judge Nomathamsanqa Beshe said.

Bota‚ 47‚ worked as a police reservist for eight years.

He and two friends had shared two 750ml beers earlier that afternoon.

Bota and Nceba Mandla accompanied their friend home.

On the way‚ Bota had seen two police vehicles and approached them.

Sergeant Masixole Nhube said Bota had called out the names of two officers, in an apparent case of mistaken identity. He then hurled insults at the police, after no one responded.

Bota said he had been assaulted and then put in the back of a police van and driven around the township.

He told the police of a pain in his leg. They then took him to hospital.

Beshe said there were discrepancies between Bota’s statement to the police and his testimony.

He did not mention that the police had tackled him in his statement.

The docket contained a statement by Mandla‚ which backed up Bota’s statement to the police.

Mandla denied that he had made a statement, but then confirmed the signature on a statement was his.

“No mention [is made in the statements] of the plaintiff having been tackled to the ground‚” Beshe said.

The Independent Police Investigative Directorate’s report also did not mention the police tackling Bota.

Beshe said the conclusion was that the allegation about the tackle was an afterthought which had harmed the credibility and the reliability of the testimonies by Bota and Mandla.

She said records showed no other injuries, apart from Bota’s broken leg.

The legal case was dismissed with costs. – TimesLIVE