THE High Court in Lautoka has found a Nadi man sustained injuries during a police arrest in April of 2018 through his own fault because he was drunk.
Rajesh Kumar Singh of Korovuto, Nadi, had sued the Commissioner of Police and the Attorney-General for general and exemplary damages for pain and suffering, wrongful confinement and damages for unwarranted brutish conduct by the disciplined forces.
“A pertinent point to be observed is that his allegation of assault by the police officers is not supported by the doctor’s observations made in the medical report, where under the findings, the doctor describes only bout laceration and abrasions,” said Justice Mohamed Mackie in his ruling.
“It is obvious, that these abrasions and lacerations are more compatible with the admitted incident of dragging, but surely not with an incident of assault as alleged by the plaintiff (Mr Kumar).
“On consideration of the total oral and documentary evidence adduced by both the parties, the most safest conclusion that can be arrived at is that due to the resistance offered by the plaintiff under the influence of liquor, the police had to use their minimal power to arrest him, wherein they had to drag him to the vehicle.
“In my view had the plaintiff been sober and corporative with the police in the discharge of their duties, this unfortunate incident and the resultant injuries (lacerations and abrasions) could very well have been avoided.
“In my view, the said injuries were nothing, but voluntarily assumed by the plaintiff by his unruly conduct under the influence of liquor and resistance of the duties of the police officers.
“Thus, for the reasons stated above, this court is of the firm view that the plaintiff’s action should fail and has to be dismissed.”
