Staff Reporter
JUDGE Hannelie Prinsloo of the High Court of Namibia has reserved the hearing of an assault law suit filed against the Minister of Safety and Security, and the Correctional Services, for 21 November 2022.
This is after certain members of the correctional service had physically assaulted Marcus Thomas, one of the American-murder accused and trial-awaiting inmate.
The case of assault emanated from a physical altercation between Thomas and another inmate on 13 January 2017 and were separated by a correctional officer.
Thereafter, Thomas and the other inmate were subsequently escorted to the office of the then head of safety and security, where they were questioned about the fight and told their side of the story. The officer did not believe his version, cited that he has a problem with all “African”.
The documents submitted before court alleged that the then head of security ordered Thomas to sit on the floor and requested that the door be closed.
This was shortly before he ordered a number of correctional officers who were in his office to each grab a baton and beat the murder accused Thomas.
It is also reported that the officer had instructed his subordinates that Thomas should not receive any visitation from anyone, and that he shall not be allowed to make any calls to lawyers or the American embassy.
Thomas was later taken to the Katutura Hospital for medical attention, while an in-house disciplinary board charged the then head of security with assault and for having orchestrated the beating and the assault of Thomas, and for discrediting the good order and reputation of the correctional services.
The then head of security was later convicted of the charges leveled against him, and given a punishment of N$4000.00 and was removed from the position.
In his suit, Thomas is suing the minister of safety and security, commissioner general of the Namibian Correctional Service and four correctional officers for assault and torture, and emotional stress.
He is claiming N$500 000 for assault and torture, N$200 000 for emotional stress and N$400 000 for constitutional damages, which in total amounts to N$1.1 million.
The 36-year-old Thomas is currently on trial with fellow American countryman, Kevin Townsend (35), on a count of murder, a count of robbery with aggravating circumstances, three counts of contravening the Ammunitions Act and a count of defeating or obstructing or attempting to defeat or obstruct the course of justice.
Thomas is currently being represented by Salomon Kanyemba of the Salomon Kanyemba Legal Practitioners.
