Cops have last laugh at accuser’s cost

The cops have had the last laugh after a pedestrian who sued the police for arresting him when he and a friend collapsed in drunken laughter in the middle of the road, was slapped with their legal bills after his case failed on appeal.

Siyabulela Dyumani, who lives near Despatch, felt aggrieved after being arrested for being drunk and disorderly, claiming the police tricked him into getting into a police van by pretending that they were giving him a lift home.

Dyumani was initially successful in the Port Elizabeth Magistrate’s Court, where he won R15,000 in damages.

However, the minister of police consequently lodged an appeal and the Grahamstown High Court ruled this week that Dyumani’s arrest and detention were justified.

In December 2014, Dyuspoke mani was arrested while walking on the side of the R75 and held for 4½ hours.

He claimed he was walking by himself at night when the police offered him a lift.

He said that after he got in the van, he was “most surprised” to find they were going in the direction of the Despatch police station and not to his home.

Dyumani told the court he had no idea why he was arrested and detained as nobody to him during the entire process.

He was later issued with a notice to appear in court for being drunk and disorderly, and released.

According to judge Clive Plasket’s judgment, the police’s evidence was that they saw two extremely drunk men walking on the road’s centre line, hanging on to each other.

A police officer was able to smell alcohol on their breath, their eyes were red and they could not speak properly.

He concluded that they were strongly under the influence of liquor.

The court also heard that once the two men were convinced to let go of each other, the one fell to the ground and Dyumani collapsed next to him, laughing.

Plasket said Dyumani’s version was so improbable that it could not be accepted.

He said the police official was a very good witness who, confronted with an inherently dangerous situation for Dyumani, his friend and other road users, considered his options and decided to arrest the men.

Plasket ruled there was no reason why Dyumani should not pay the police’s legal costs.

Dyumani originally sued the police for R400,000 – R200,000 for “malicious prosecution” and R200,000 for unlawful arrest and detention.

He later withdrew the claim for malicious prosecution.