Ex-cop sues for R4m over ‘unjust’ arrest
He resigned amid race row
AFORMER policeman is suing the state for nearly R4million for loss of income and legal and medical expenses stemming from his “wrongful and unlawful arrest” following a racial row.
Christian Weitsz, who was a station commissioner at an Aliwal North police station, was arrested on June 30 2009 on charges including defeating the ends of justice, crimen injuria and contempt of court. The charges were withdrawn on July 1, the day Weitsz posted R3 000 bail. He resigned in October, three months later.
He wants the Department of Justice, Department of Police and National Prosecuting Authority (NPA) to pay him more than R3.4-million for loss of future income and further amounts totalling more than R500 000 for the humiliation, loss of amenities of life and “continued” malicious detention.
The total amount claimed excludes interest of 15% a year but includes fees for psychiatrists Weitsz claims he had to consult due to his trauma.
“The South African Police Service members and/ or the State Prosecutor … failed to assess the strength of the state's case against the plaintiff and to determine whether a prima facie case against the plaintiff existed. They [failed] to ensure that he not be detained in custody or his detention in custody not be extended, where no prima facie case existed against him,” said an initial claim filed by his attorney Francois Swanepoel of GP van Rhyn Minnaar & Co.
Neither Swanepoel nor Weitsz could be reached for comment at the time of going to print.
In answering affidavits filed by police officers, Weitsz allegedly shouted racial profanities at court orderlies for pairing a white man identified only as Mr Du Bruin, in leg irons and cuffs, together with an unidentified black man.
The race row that ensued led to Weitsz's arrest, but the NPA declined to prosecute.
In affidavits filed in the Grahamstown High Court, nine police officers alleged Weitsz had shouted insults at black police officers after the court orderlies cuffed the white man with the black man.
Police officer David Ramohlabi said in an affidavit: “Superintendent Weitsz asked me why Mr Du Bruin was in leg irons as he was not a criminal.
“He instructed me to unlock him and when I refused he shouted at me in front of the public including the community policing forum and [colleagues].”
Another affidavit by officer Mandla Mpukani said: “Station commissioner Superintendent Weitsz was shouting at Inspector Ramohlabi in front of members of the public, asking why a white man was cuffed with a black prisoner and instructed him to release his cuffs...
“Superintendent Weitsz was angry [and] pushed four of us saying we must move away from where we were standing saying that place is not for k*****s.”
The states denies it owes Weitsz anything, said state attorney Xolani Mvulana. —