Key Points
- Court orders police minister to pay R1 million in damages after woman’s suicide in custody.
- Police failed to search woman properly due to lack of female officer.
- Son Marius Otto overcame grief, completed matric, and became a cricket coach.
The Western Cape High Court has ruled that the police minister must pay nearly R1 million in damages. This decision followed the suicide of a woman while in police custody. The woman had been detained and had refused to surrender her shoelaces, an item the police were required to remove for safety reasons.
Failure to Conduct Proper Search
An IOL cover on the court details presented the facts of this tragedy. In June 2011, the woman was arrested for riotous behavior following a domestic disturbance at her McGregor home. The incident occurred after a complaint was made regarding a dispute between her and her female partner, allegedly while she was intoxicated.”
The police could not conduct a proper search of the woman due to the absence of a female officer on duty. The law mandates same-gender searches to ensure safety and dignity. Following her refusal to give up the shoelaces, the police arranged for a female officer to come from a neighboring town, Robertson.
Communication Breakdown Contributes to Death
However, there was a breakdown in communication, and the McGregor police van arrived at the halfway point without the woman. Subsequently, the police failed to transport her as planned. Thus, leaving her behind. Later, officers found her unresponsive at the station, having hanged herself from the bars of the window using her own shoelaces.
Her son, Marius Otto, was 11 years old at the time of her death. He sued the minister of police under the representation of his grandmother. Marius sued for specific damages arising from the loss of support of his mother and the estimated medical expenses. As well as general damages for, “shock, past and future pain, suffering, discomfort, disablement and loss of amenities of life.”
Court Highlights Irony of the Situation
The court noted the irony that the woman used the very items the police should have removed to take her life. Despite the police cutting the ligature, it was too late. The woman had already passed away by the time they reached her.
Emotional Toll on Her Son
Judge Patrick Gamble acknowledged the emotional toll on Marius Otto, the woman’s 11-year-old son. Otto lost his mother just a day after his birthday. The judge noted that Otto struggled at school and even failed the year following his mother’s death.
A Strong and Resilient Son
Despite these setbacks, Otto showed remarkable resilience. He completed his matriculation and overcame the grief that weighed heavily on him. Today, Otto is a father and has a life partner. He is an active cricket coach and player. The court recognized his determination to persevere and rise above the tragedy.
This suicide tragedy in police custody has highlighted the negligence that led to the woman’s death. The ruling serves as a reminder of the responsibility police hold to ensure detainee safety.
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