The Supreme Court of Appeal has awarded damages to a teenager for unlawful detention and systemic failures in the justice system.
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The systemic failure of the criminal justice system in respect of a highly vulnerable accused person, who was a teenager at the time of his arrest and nearly three-month detention, resulted in the Supreme Court of Appeal ordering that he should receive damages.
The Minister of Police was held liable for the unlawful arrest and initial detention, while the Minister of Justice and the National Director of Public Prosecutions were held jointly liable for the continued unlawful detention.
The curator who was appointed to manage the child’s affairs turned to the SCA after the Gauteng High Court earlier turned the claim for damages down. Judge Reylene Keightley, on appeal, said: “The whole criminal justice system failed him”.
The court heard that the 17-year-old has a significantly impaired mental capacity, and he is said to be “visibly immature”. He was arrested by the SAPS in Montana, Pretoria, on suspicion of the attempted robbery of a handbag.
In addition to pleading that the arrest itself had been unlawful, the curator averred that, despite his age, immaturity and impaired mental capacity, he had been unlawfully detained by correctional services officers in the adult section of Newlock Prison, Pretoria and Weskoppies Psychiatric Hospital for nearly three months.
The court further heard that the accused, only identified as N, had been physically and sexually assaulted and raped by inmates. He had suffered severe mental and emotional trauma. During his detention, N was brought to court on several occasions but on each occasion he was remanded in custody despite his age, mental incapacity and physical condition.
His aunt and legal guardian had approached the NDPP at the time and requested his release into her custody on the basis that he was a minor and severely mentally handicapped. The senior prosecutor refused her request without the automatic production of a birth certificate. Charges were eventually dropped against him.
The curator argued that the relevant officials of the SAPS, the prosecution service and the DCS had failed in their legal duties, among others, to investigate N’s age and to comply with the requirements of the Child Justice Act.
The High Court earlier found that N had been lawfully arrested and the parties could not have treated him as a minor until his aunt produced his birth certificate shortly before his release.
It also found that after he was identified as mentally challenged he was correctly referred to the district surgeon, and later a mental institution, for assessment.
Judge Keightley, however, said it was clear from the start he had special needs, yet he was admitted to an ordinary cell, only being brought to the clinic section of the prison by a fellow inmate. He was, on many occasions, recorded as being in a terrible state: playing with his own faeces and sleeping in a wet bed.
“There can be no doubt that his detention in prison exacerbated whatever underlying mental conditions existed,” she said.
The court found his person and dignity were violated on a continuous basis throughout the period of his detention. The amount of damages payable to him will be determined at a later stage.
Cape Times