State cough up for lawyer’s arrest

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Published Oct 6, 2015

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Durban - The Minister of Safety and Security may have to cough up hundreds of thousands of rand in damages after a Pietermaritzburg attorney was wrongfully arrested and detained on two separate occasions.

The minister conceded liability in the Pietermaritzburg High Court on Monday and in terms of a draft order by Judge Shyam Gyanda, has agreed to pay attorney Surendra Singh proven damages. The issue of how much Singh will be awarded will be determined in court on a day to be arranged.

In court papers, Singh launched two separate applications against policemen from Loop Street police station.

In the first application, Singh said on November 25, 2010, at 8pm, Warrant Officers Jude Dorasamy and Rajeev Soorajbally, arrested him at his home without a warrant of arrest.

This unlawful arrest was effected in full view of Singh’s wife and children, and members of the public who had gathered outside his home.

Singh said he was taken to the Loop Street police station where he was unlawfully detained for more than three hours in holding cells with people accused of serious crimes, and denied access to basic amenities.

Singh described the state of the cell as being filthy, with no proper bed and a filthy blanket, as well as a toilet full of faeces. He was deprived of sleep, water and access to his family.

Singh said he was physically and emotionally abused by the warrant officers, who hurled abuse at him in full view of other members of the SAPS.

Singh maintains that he was humiliated and suffered impairment to his dignity, status and reputation. He also suffered severe stress and trauma and is still suffering from post traumatic stress disorder for which he currently receives treatment.

Singh claims he suffered damages in the amount of R300 000.

In his second application, in similar circumstances to that of the first incident, Singh was arrested at his home by six police officers on March 17, 2011.

The members are named as Warrant Officer Jude Dorasamy, Warrant Officer Rajeev Soorajbally, Captain Nagesh Nundlall, Warrant Officer Adimoolam (no first name provided in court documents) Detective Amith Budram and Colonel Sam Naidoo, all of Loop Street police station.

The arrest took place at 11.45pm. Singh was arrested on charges of intimidation. Again he was detained at the Loop Street holding cells and later transferred to Mountain Rise police station after refusing to be taken to either Plessislaer or the Howick holding cells.

Singh claims he was detained for several hours before he was escorted to court.

In this instance, Singh is claiming R350 000 in damages.

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