Payouts for man, boy illegally jailed
Ten years later justice served for two accused of buying abalone
ANEWCASTLE man and his young nephew, who were unlawfully detained on Christmas day 10 years ago, have not celebrated the holiday since then. Now they are hoping to move forward after a court ruled they were not criminals.
Last month, the Gauteng High Court ruled that Nundkissoon Latchman and his nephew, who could not be named as he was 8-years-old when the incident happened, would receive R200 000 and R180 000 each respectively in damages for the trauma they suffered at the hands of an “arrogant” Cape Town policeman, who wrongfully detained the pair for possessing abalone.
In 2008, Latchman, a mechanical engineer, and his nephew went to the
Cape to celebrate the yearend with their friend Feng Chu Yeh, Yeh’s wife and two Chinese women. According to Latchman, Yeh bought fish in Hout Bay.
“I was driving the vehicle on our way back to Cape Town when we were stopped by police, who searched the car and found abalone. The policeman began questioning me instead of Yeh, who told them he had bought it legally. But we were all arrested,” said Latchman.
Abalone, or perlemoen, is a type of sea snail endemic to the country, with a high market value. In February 2008, abalone fishing was indefinitely suspended by the government.
Being a vegetarian, Latchman said he was unaware of what abalone was or that it was illegal to possess. The charges against Yeh were later dropped after it was revealed he had bought the abalone legally.
Latchman and his nephew, who has a prosthetic leg, and his friends were detained at Hout Bay police station. The boy was terrified.
Said Latchman: “They impounded my vehicle, locked us in a cold dark cell. I didn’t even know what abalone was at the time, and there were no warning notices in Hout Bay about this. The police did not inform us about the legal implications.”
The group was jailed from December 24 to 26, until they were granted bail, while the young boy was released on Christmas day, when his family arrived from Newcastle to fetch him.
The child, who is now 18, told the court: ”The toilets were filthy, and we were given a smelly blanket, full of ticks. I will never forget the policeman telling me ‘enjoy your night in jail with the bugs’.”
Latchman and the child did not eat while imprisoned.
“It was traumatising. I am still not ready to go back to Hout Bay, and I hardly go out with friends, I’ve become very cautious since then. I just wanted our names to be cleared, as my nephew is preparing to apply to university and move forward with his life,” he said.
Judge Johan Hattingh ruled in favour of the family and frowned upon the policemen who imprisoned the child and refused to grant bail in spite of it being Christmas. In granting damages to the child,
Hattingh said he took into consideration the age of the boy, coupled with his physical condition and that he still had nightmares about his ordeal.
But Latchman said justice had not been served.
“The police officer who jailed us has resigned without any punishment. He passed away two years ago and didn’t get to witness this judgment.”
He was afraid to press charges against police as he feared they would attack him. “This settlement is not justice,” said Latchman.
He advised members of the public to ensure they are aware of their rights, and understand the laws of places they visited.
“There was no notice about abalone in Cape Town and anyone could become embroiled in this. Foreigners, especially, could be targeted. Know the law and speak up.”
Psychologist, Dr Guru Kistnasamy, said although the boy is now a teenager, he may have bouts of post-traumatic stress following prison time.
“In the long run, his view of the world is going to change. He might become suspicious of people, and unable to trust easily. So he may need to undergo counselling,” he said.
University of Kwazulunatal policing expert Dr Jean Steyn, questioned the training of police officers.
“The training methods for SAPS officers are inadequate, I believe the training period is six months. Our young officers are inexperienced when it comes to making critical decisions regarding the criminal justice system.”
Steyn said arresting a person, depending on the nature of the crime, should be a last resort as the accused should be taken before a judge before being jailed.
“But years of intensive training is needed. In the meanwhile time is being spent on court settlements.”