R90 000 payout for wrongful arrest

blunomore

blunomore

Honorary Master
Joined
Jul 8, 2007
Messages
26,789
Reaction score
21
Location
Not yet CT ...
http://www.news24.com/SouthAfrica/News/R90-000-payout-for-wrongful-arrest-20120515
Johannesburg - A man who spent 18 months in prison after he was wrongly arrested will be paid R90 000 in damages, according to a report on Tuesday.

Eric Gosa, of Mamelodi, was arrested on 1 December 2008 after police suspected him of being in possession of a stolen car, The Star reported.

When the matter went to court, police admitted that their suspicion was based on the fact that the vehicle's battery was missing, and that Gosa was leaning against the car and looking into it.

Gosa initially wanted R653 000 from Police Minister Nathi Mthethwa, but Judge Billy Mothle of the North Gauteng High Court awarded him R90 000.

Mothle acknowledged that Gosa was humiliated when he was unlawfully arrested in front of his neighbours. Gosa also lost his job and his wife left him during his detention.
Click to expand...

I think he deserves more!
 
Hells yea, he lost everything and they only giving him 90k? geez 90k won't last long. He should have for 5 bar then it might have been higher.
 
I agree - he should get a lot more.

At a minimum it should be R100 000 for each month he lost his liberty. And a portion of it should come from every SAPS official who ever touched his file or failed to do their job in expediting his release.
 
That 90K is enough for a serious weapons kit to take revenge. What else are there left to do?
 
This is not the US people. His income would have been taken into the consideration and match for that period and also restitution for pain/suffering/humiliation added. The scales of justice are there to strike a balance, not enrich a individual.

Still sucks though.
 
ponder said:
This is not the US people.
Click to expand...
Of course not.
Loss of income is trivial compared to loss of liberty. Income shouldn't be a factor in considering damages, though in exceptional cases it can be an aggravating factor, but certainly never a mitigating one. To paraphrase many a jurisprudential expert: better that ten criminals go free than one innocent person unjustly lose his liberty.
 
I think the amount paid should be the same as what he would have recieved had he been working during that time. It works out to roughly R5k p/m
 
ponder said:
This is not the US people. His income would have been taken into the consideration and match for that period and also restitution for pain/suffering/humiliation added. The scales of justice are there to strike a balance, not enrich a individual.

Still sucks though.
Click to expand...

If restitution for pain/suffering/humiliation was added, it should be WAY more IMO. To be robbed of one's freedom for eighteen months is no joke. And that was the direct cause of him losing his income.


Arthur said:
To paraphrase many a jurisprudential expert: better that ten criminals go free than one innocent person unjustly lose his liberty.
Click to expand...

Which is why he deserves so much more. Money cannot make up for what he lost, but an attempt should be made !
 
Fudzy said:
I think the amount paid should be the same as what he would have recieved had he been working during that time. It works out to roughly R5k p/m
Click to expand...
You put a shockingly low price on freedom, Fudz. The really scary part is that your vote counts the same as Blu's.
 
Fudzy said:
I think the amount paid should be the same as what he would have recieved had he been working during that time. It works out to roughly R5k p/m
Click to expand...

What a stupid comment, what about the loss of his family and life for that matter, what about promotions he could have had plus interest on the lost income, what about the personal suffering.

Wake up to reality for a change.
 
Arthur said:
You put a shockingly low price on freedom, Fudz. The really scary part is that your vote counts the same as Blu's.
Click to expand...

Well I'm not sure how much this guy earned, if he earned more he deserves more. I just divided the R90k by twelve.
 
So he doesnt deserve anything for the freedom he lost and humiliation of being in Jail for 18 months? Nothing for the fact he lost his wife and his Job?
 
wily me said:
What a stupid comment, what about the loss of his family and life for that matter, what about promotions he could have had plus interest on the lost income, what about the personal suffering.

Wake up to reality for a change.
Click to expand...

Heavy flow month? Read my above post.
 
fonoi said:
So he doesnt deserve anything for the freedom he lost and humiliation of being in Jail for 18 months? Nothing for the fact he lost his wife and his Job?
Click to expand...

With a wife like this... who needs a jezebel? How do you leave your man due to detention? :confused: ... I bet she will be back after hearing the news of 90k
 
Fudzy said:
Well I'm not sure how much this guy earned, if he earned more he deserves more. I just divided the R90k by twelve.
Click to expand...

So if you were in jail for 18 Months, all you'd want is compensation for the salary you lost in that time? :wtf:
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X