Shane Smith, a father of two, is set to receive a substantial sum of damages from the Minister of Police.

The 32-year-old Alberton receiving clerk is claiming R4 961 190.73 from the Minister of Police for inter alia past and future medical, psychiatric, psychological and related treatment, past and future loss of earnings/earning capacity and general damages for pain and suffering, loss of amenities of life, trauma, etc.,” says Jean-Paul Rudd – Partner – from the Commercial, Property and Litigation practice of law firm Adams & Adams, who is representing Mr Smith.

Mr Smith is entitled to recover 100% of his proven or agreed damages from the Minister. The amount of damages due to Mr Smith is, however, in dispute and will be contested by the Minister.

On 11 March 2011, several members of the Barrage Police Station arrested Mr Smith without a warrant. He was mistaken for his twin brother, whilst looking after his brother’s house, who was away for the weekend.

Despite Mr Smith indicating that the police officers had mistaken him for his twin brother by presenting his identity document and driver’s license, the police officers proceeded to handcuff and assault Mr Smith in front of his minor child and wife who was in the house at the time of the incident.

He was thereafter detained for a period of 29 days at the Leeuhof correctional facility whereafter he was released. He sustained a concussion, lacerations and a neck injury as a result of the assault. He was further subjected to additional “traumatic events” during his detention.

He experienced difficulties at work upon his return after his release from prison. He was ridiculed by his colleagues and was given considerably fewer responsibilities. Prior to the incident he was set to receive a promotion but was thereafter informed that the position was no longer available.

He is now suffering from behavioral problems, anxiety, a short temper, flashbacks, sleep disturbance, loss of self confidence, social withdrawal, which symptoms represent the typical sequelae of a severe, chronic Post-Traumatic Stress Disorder.

The amount of damages he suffered and is owed to him will be determined at the quantum hearing at a later stage.