Sunday Times

‘ Probable ’ mistake wins police damages case

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POLICE Minister Nathi Mthethwa this week won an appeal against Fred van der Vyver, who had successful­ly sued the state for maliciousl­y prosecutin­g him for the murder of his girlfriend, Inge Lotz.

A 2011 judgment by the High Court in Cape Town in favour of Van der Vyver was overturned by the Supreme Court of Appeal in Bloemfonte­in on Thursday.

The high court found in 2011 that the police ministry could be held liable for damages following Van der Vyver ’ s prosecutio­n for Lotz ’ s murder in 2005. He was acquitted in November 2007.

The appeal court, however, said Van der Vyver had failed to prove malicious intent on the part of police officers investigat­ing the crime.

It was “far more probable ” that officers had made a mistake with fingerprin­t evidence than that there had been a complicate­d fraudulent

“ scheme ” against Van der Vyver, according to the judgment. It set aside the earlier ruling with costs, finding that because Van der Vyver ’ s civil or constituti­onal claims against the police were based on the same premise, those could not succeed either. Van der Vyver s lawyers had ar

’ gued in the appeal court that fingerprin­ts at the murder scene were swapped to fabricate evidence against Van der Vyver, but the court was not convinced.

Zweli Mnisi, a spokesman for the police ministry, said: “The minister of police welcomes the decision because he feels that the judgment vindicates the South African Police Service. We also want to emphasise that we will continue to employ the highest profession­al standard when dealing with all crimes.”

Van der Vyver had demanded R46-million in damages. — Sapa and Staff Reporter

 ?? Picture: GALLO IMAGES ?? TWICE BURNT: Fred van der Vyver at the Western Cape High Court in Cape Town in November 2010, during his trial for the murder of Inge Lotz
Picture: GALLO IMAGES TWICE BURNT: Fred van der Vyver at the Western Cape High Court in Cape Town in November 2010, during his trial for the murder of Inge Lotz

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