Botswana national demands N$300 000 from police for assault

A citizen of Botswana in custody at Divundu Police Station’s holding cells in the Kavango East region is demanding N$300 000 from the Namibian Police after he was allegedly assaulted while in custody.

Lesole Lesole, who was arrested along with four others at the Mohembo border post on 23 August for allegedly being in possession of the raw skin of a protected game species, is alleging that he was assaulted by a fellow awaiting-trial inmate.

According to a statement made by Lesole, the incident took place on 7 September while he was in a cell with other inmates.

An inmate known as Noa Yilhele allegedly started shouting and took a metallic drain cap, which loosely covered the drain hole of the shower in the cell, and hit Lesole with it.

“He started hitting me on my head until I sustained multiple head injuries and was bleeding. I shouted for help, and other inmates stopped him and called the police officers on duty,” Lesole says.

Police officers allegedly took about 15 minutes to come to Lesole’s aid before removing him from the cell.

Lesole was then taken to Andara District Hospital for medical treatment. He was admitted in hospital for observation until 11 September.

According to his lawyer, Bernhard Tja­tjara, Lesole sustained four stab wounds on his scalp and one above his right eye.
Tjatjara says the police officers on duty on the day of the incident failed to protect Lesole against violence at the hands of other inmates.

“They were absent from the cells, including Cell 2, to prevent inmate assault. They failed to take reasonable measures to abate the risk of harm to inmates, including our client, by ensuring that Cell 2 was free of any metals or objects that could potentially be used as dangerous weapons to inflict injustices or harm on inmates,” Tjatjara says.

Lesole is demanding N$100 000 for shock, trauma, pain and suffering, N$100 000 for head injuries, and N$100 000 for assault.

Tjatjara has given the police have until 14 October to pay the demanded amount, and has threatened to file a case in the High Court if the police fail to make the payment.

Kavango East police crime coordinator deputy commissioner Bonifatius Kanyetu confirmed that a case of assault was opened against the accused, Noa Yilhele (27).

Yilhele appeared in the Mukwe Periodical Court on 13 September.

He was granted bail of N$2 000.

According to Kanyetu, the investigation into the matter is complete and Yilhele will make his next court appearance on 26 October.

Last week on Thursday Namibian Police inspector general Joseph Shikongo said he was not aware of the demands.