Francistown — Justice Mphaphi Phumaphi has awarded judgment in favour of a man who was brutally assaulted by three members of Tutume Police on June 23, 2003. The plaintiff, Thuti Swabi, sued the state for P100,000 for damages he suffered as a result of the defendants' conduct.

The issue of determination by the court was whether Swabi was unlawfully and wrongfully assaulted by Sergeant Akofang, Constable Kabudi and Constable Lepora causing him pain and injury on the eye, jaws and chest. The second issue was whether the plaintiff had undergone medical treatment at Tutume Primary Hospital as a result of the assault. The other issue was whether he suffered contumelia as a result of the assault. The last issue was whether Swabi suffered damages in the amount of P100,000.

Upon hearing the arguments, Justice Phumaphi ordered judgment in the sum of P16,500 granted in favour of the plaintiff. The judge also ordered that the defendant will pay Swabi's costs in the sum of P14,500.

"The judgment amount and the costs shall be paid within 30 days from the date hereof failing which both amounts will attract interest at the rate of 10 percent per annum from the 31st day till the date of payment," ordered Justice Phumaphi. The plaintiff's particulars of claim were that the circumstances were that Swabi and another were suspected to have stolen stock and in the process of investigations by the three police officers were subjected to physical assaults.