A man who claims to have been severely assaulted by police officers to the extent of defecating, will hear the court’s verdict on his N$900 000 suit in November.

High Court Judge Collins Parker scheduled 23 November for the ruling in the case of Ebson Katire after hearing closing arguments yesterday. 

Katire is suing the Namibian Police and three of its officers for N$900 000 in damages, claiming that he not only sustained physical injuries, including a dislocated left shoulder, but experienced mental distress, shock and discomfort in the wake of the alleged assault.

In his suit, he names the officers only as Kaura, Katira and Upi as police officers who assaulted him on 11 September 2019 after he was arrested and detained at Okondjatu police station in the Otjozondjupa region. 

Narrating the incident in court documents, he says on the date in question, he had intentions of travelling from Okondjatu to Windhoek, but had to wait at a nearby cuca shop for a bus. 

He said after a while, he decided to cross the road to relieve himself. While crossing the road, he saw officer Kaura, whom he knew. They conversed, and when he was about to board the bus, he shouted to Kaura that “if you do not go to the police station, I will beat you up before I depart.” 

A few moments later, Katire alleges that a Toyota bakkie arrived, with two more police officers. He was bundled into the vehicle and taken to the police station.

At the police station, Katire claims, the officers assaulted him until he defecated – all while being handcuffed. He said the brutal attack lasted for over an hour. He was later released without being charged after spending the night in police custody. He sustained multiple injuries as a result of the assault.

During oral arguments, Katire’s lawyer Tukondjeni Nanhapo submitted that the complainant had proven that he was assaulted by police officers. He said a witness, who was also detained at the station that day, testified how Katire was assaulted. The witness observed that Katire had a swollen eye, swollen shoulder and his t-shirt was soaked with blood. 

Nanhapo said the assault was unconstitutional, regardless of the extent of the injuries. He said although the police are allowed to use minimal force to effect an arrest, Katire was co-operative and at no time attempted to flee.

The police, through their lawyer Frieda Matsi, denied the assault, arguing that Katire had insulted a police officer while drunk, and was taken to the police station to sober up.

Matsi argued that Katire and his witnesses have different versions of what transpired. Furthermore, Katire’s health passport indicates that he did not suffer any fractures on his shoulder or got a physical deformity – which is inconsistent with the injuries he allegedly suffered as a result of the assault. 

Masti added that Katire exaggerated the treatment meted out to him by the police during his detention.

Thus, he is not entitled to the claim he seeks.

-mamakali@nepc.com.na