'I was beaten up by booze test doctor'

R/SGT

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'I was beaten up by booze test doctor'

By Lavern de Vries

A Parklands woman resisted arrest is suing a doctor for damages after he allegedly assaulted her in front of two police officers who had brought her in for a blood test.

Stacy Swan said the altercation left her with a blue eye, a bruised nose and cheek, as well as blue bruises on her lower back and knees.

Swan also laid a charge of assault at the Sea Point Police Station against the doctor from Somerset Hospital.

'Oh, so we're not taking your blood? Don't talk k**'
When the Cape Argus contacted the doctor for comment, the newspaper was referred to Faiza Steyn from the department of health.

"We have launched and completed an internal investigation but can't divulge the conclusion because there is a criminal case pending.

"The law needs to take its course but Miss Swan can contact us if she would like to know the results in her own capacity," said Steyn.

She added that during their investigation, statements had been obtained from both the doctor and other witnesses, who said Swan had been "very verbally abusive, violent and aggressive".

It is alleged that she also hurled racial slurs at the doctor.

'As the doctor walked past me I kicked him in the groin'
In a statement submitted to her lawyer, Roland Darroll, Swan said she had had about four drinks with friends at a Table View restaurant on Saturday evening. On her way home she had noticed lights flashing but declined to stop.

"I didn't want to stop because you always hear about hijacking incidences so I drove to my mom's house but noticed the car following me," she said.

At her mother's house, two police officers attempted to arrest her. "They told me I didn't stop at a stop street and wanted to know if I had been drinking. I said that I had."

Swan resisted arrest and her parents and children, as well as some neighbours, had come outside and started arguing with the police officers.

The officers then called for back up.

After they arrived, Swan was bundled in the van and taken to the Table View Police Station. Swan said she refused to co-operate with police.

The police then drove her to Somerset Hospital where she was approached by a man in a red jersey who overheard her telling the officers she would not have her blood drawn without her lawyer present.

"The man, who I later learnt was a doctor, said: 'Oh, so we're not taking your blood? Don't talk k**, take off your jacket or I'll take it off for you'."

As the man reached for her jacket, she pulled his jacket, said Swan, resulting in the pair falling to the floor and wrestling. "The two officers then restrained me and held my arms while the man hit me in the face about four times."

Police picked her up and put her in a chair, she said. "As the doctor walked past me I kicked him in the groin. He then punched me and the police handcuffed me."

The doctor then "jabbed" a needle into her arm and obtained a blood sample.

According to Swan, the doctor had recorded the incident but had switched off his recorder when he allegedly told her "you white people think you are a superior race. You'll get what's coming to you".

She wont win this one, you dont have the right to refuse to give a blood sample and you dont have the right to have a lawyer present.

She also assaulted the doctor so he can sue her.

Drunk people are a major pain in the ***
 

w1z4rd

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According to Swan, the doctor had recorded the incident but had switched off his recorder when he allegedly told her "you white people think you are a superior race. You'll get what's coming to you".

So another racially motivated attack against white people.
 

HavocXphere

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Somehow I've got the feeling that both sides are lying here. Esp w.r.t. Racial thing
 

Datura

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She won't win. Don't argue with the police. You will get into a world of shyt!
 

Pixie22

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Id be like: "Yeah Im drunk! Some sick sob kidnapped me and forced me drink a free case of beer at gunpoint! Thank goodness you are here!"
 

xrapidx

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Not if they cant prove it :D

But they can say you refused a blood sample... and I think you'd probably have to sign something to that affect.

The fact that they forceably shoved a needle in her arm I find appalling.
 

The_Unbeliever

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Best thing to avoid this sort of thing is not to drink.

Or get somebody else to drive you home.

Or stay at home and drink.
 

xrapidx

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Case closed.

Not quite. Did he fill in the form before hand as stipulated?

1. From a legal perspective it is perfectly within the parameters of the law.
2. From a medical ethics perspective, a doctor shall never engage into violent acts in order to subdue a patient.
3. From the Constitutional angle the use of force to subdue a person will be an infringement of that person¡¦s rights
4. If the doctor refuses to obey the police order (SAP308) it may boil down to obstructing the ends of justice.

There's a whole can of worms on this one...
 
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