R100,000 payout for prisoner assaulted by official

A convicted criminal serving time in the Waainek Correctional Facility in Makhanda has been awarded damages of R100,000 against the department of correctional services, after he was assaulted by a prison official.

Acting Makhanda high court judge Nolubabalo Cengani-Mbakaza made the order after Antonia Nolan Fourie brought the application to appeal against the ruling of the city’s magistrate’s court which had dismissed his claim.

In its ruling, the lower court found there was no evidence Fourie had been treated in a cruel or inhumane fashion, the extent of the injuries had been exaggerated, and Fourie’s version was riddled with inconsistencies.

It is not clear from court papers what Fourie was convicted of or what his sentence was.

However, he claimed that on January 13 2019, he was viciously attacked by correctional officials and had suffered injuries for which he received medical treatment.

He also claimed to have experienced emotional trauma, pain and suffering, and wanted the department to pay up R150,000.

According to court papers, Fourie was assaulted during a search of his cell when correctional officials found various items of contraband, including knives and cellphones.

While the department claimed Fourie was the aggressor, and that a tussle between him and the correctional officials resulted in the injuries he suffered, Fourie denied the allegation.

In his testimony, Fourie claimed that when asked who the owner of the items was, he denied any knowledge.

He said an official then pressed him on his shoulder, forcing him to sit down.

According to Fourie, while continuing to question him, the official pushed him and struck him repeatedly with open hands on his back, all the while hurling insults at him.

When Fourie stood up, he was forcefully pushed down again and slapped.

When he tried to flee, the official hit him repeatedly with a baton on his head and shoulders.

According to Fourie, as a result of the assault he momentarily became unconscious and had to be transported to the hospital section of the prison.

He was discharged less than two hours later, but after four days he had to seek further medical attention from a doctor at the facility who examined him and compiled a medical report.

The report documented 11 bruises and abrasions on Fourie’s back, and noted some of the abrasions were grazed, which indicated that a high degree of force was used.

The trial court found Fourie’s evidence was riddled with contradictions and inconsistencies, and that the prison officials were acting in self-defence.

Furthermore, the trial court found that according to the report by the medical expert and nurse, the injuries suffered by Fourie were nothing but abrasions and surface wounds which did not require stitching.

It was therefore found that the injuries, as demonstrated by Fourie in his evidence, were exaggerated and fabricated to support his claim.

However, Cengani-Mbakaza on appeal ruled that Fourie’s version was in fact probable and consistent.

“[Fourie] presented a credible and reliable version, in particular on material issues, when compared with false and improbable evidence of correctional officials.

“Despite the rigorous crossexamination, he stuck to the version.

“[The official’s] claim that he was attacked by [Fourie] was false and should not have been accepted by the trial court,” Cengani-Mbakaza said.

“[Fourie] consistently maintained that he would not have endangered his life by attacking a physically fit and active correctional official.

“In my considered opinion, the trial magistrate misdirected herself in the manner in which she evaluated the evidence.

“On the conspectus of evidence, I am convinced the trial court’s findings were wrong.

“In the result, the appeal must succeed,” she said.

Cengani-Mba-kaza ordered that the trial court judgment be set aside and that Fourie be compensated for damages in the amount of R100,000.

She further ordered that the department pay the costs of the court action.