Wrongly arrested woman sues police
She was mistaken for a kidnapping suspect
A PHOENIX woman is demanding R300 000 damages from the minister of police after she was arrested for having the same first name as a suspected kidnapper.
In August, Melissa Chetty was arrested at work by two male police officers from the Durban North police.
Her attorney, Theasen Pillay, issued summons to state legal representatives this week. In it, Chetty, 24, alleges that the officers informed her that she was a suspect in a robbery and kidnapping case.
“The arresting officers further advised her that the complainant in the criminal docket knew the female suspect who committed the offence and that the suspect’s first name was Melissa.”
Chetty says despite repeatedly protesting her innocence and informing the officers that she was at a wedding when the crime was committed, she was arrested.
In the summons, Pillay says the officers knew they intended to arrest Chetty but did not bring along a female officer to assist. “During the arrest, Chetty was manhandled and placed inside the police vehicle.”
Chetty was detained at the Durban North police station.
Chetty’s family hired an attorney, who asked the police to confirm that Chetty was the suspect by conducting an identity parade.
“The night staff acceded to the request and, on bringing in the complainant to the police station, it was verified that Chetty was not the person who committed the crime alleged. She was released from custody after being detained for six
She endured humiliation, emotional distress, pain and suffering
hours,” says Pillay.
Chetty alleged that the arresting officers were “negligent/reckless” by failing to get a conclusive description of the suspect and failing to investigate her alibi.
“She had to endure the humiliation and embarrassment of being arrested at her place of employment in front of staff and co-workers,” says Pillay.
“She had to endure further humiliation, emotional distress, pain and suffering in having to be detained for six hours.”
The ministry has 10 days to issue a notice to defend Chetty’s application and 20 days thereafter to file responding papers.