Police guilty of setting suspect on fire, says court
Court has yet to rule on how much Police Minister will be forced to pay in damages
When Warrant Officers Jerome Madida and Themba Mabuyakhulu arrested Mthobisi Lucky Thungo on March 18, 2012, at Ezintabeni, a rural area near Ladysmith, the arrest was unjustified and unlawful, according to the Pietermaritzburg High Court.
Worse still, after arresting the suspect and dragging him from his home, the two officers (according to evidence presented in court) took the suspect to a secluded spot, tied him to a pole and then built a fire under him, continually adding grass to keep the flames high. Thungo’s calves, thighs and fingers were burned, and he was beaten as well.
The officers, in their defence, claimed he was a police informant and his arrest had been staged. They claim the victim was attacked after they had left him.
An independent witness (with nothing to gain) saw flames between and behind Thungo’s legs during his questioning by police.
Thungo strongly denied being a police informant.
In a reserved judgment handed down by Judge Dhaya Pillay, she found his arrest and subsequent detention and later assault unlawful.
Both officers claimed Thungo had been an informer for 10 years, but was not registered as an informer.
The officers failed to convince the court that Thungo was a police informer.
How much the Minister of Police will be forced to pay out has yet to be determined.
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