WINDHOEK: The Ministry of Home Affairs, Immigration, Safety and Security is defending a matter in which a taxi driver from Walvis Bay is suing Government for unlawful arrest, saying that the man was resisting instructions from police officers.

The ministry in its heads of argument filed in the Windhoek High Court on Tuesday, alleges that the man, Samuel Iiyambo, who is demanding N.dollars 500 000 from the government, caused a motor vehicle accident in August 2021, when he drove over a pedestrian in Wallis Bay before transporting the victim to the hospital.

‘A police officer on duty, one Johnny Hamukanda, approached Iiyambo and noticed that he was intoxicated, after which Iiyambo resisted to blow into the breathalyser alcohol test three times,’ the ministry said.

Meanwhile, Iiyambo insists that he was wrongfully and unlawfully arrested and detained for two consecutive months with no reasonable grounds. When the breathalyser was administered to him, the results were negative all three times, he stressed.

‘F
urther as a result of the wrongful arrest and subsequent detention, the plaintiff was maliciously prosecuted without prima facie evidence for the charges preferred against him. This is evidenced by the fact that on 31 January 2022, the State withdrew the matter against the plaintiff due to insufficient evidence against him,’ Iiyambo’s particulars of claim read.

He is demanding compensation for physical and emotional pain, discomfort, temporary loss of amenities, psychological damage and injury to his dignity and reputation.

The trial commenced on Tuesday before Acting Judge Beatrix de Jager. Salomon Kanyemba represents Iiyambo, while Government Attorney Lindrowski Tibinyane appears for the ministry.

Source: The Namibia Press Agency