Man seeks R12m for malicious prosecution
Jason Gabriel is suing the Minister of Police and the NDPP for nearly R12m for what he claims was his unlawful arrest and malicious prosecution for sexual assault.
But The Herald reports the prosecution has hit back, saying that there continues to be a prima facie case against Gabriel – despite the charges having been withdrawn three years ago – and the criminal charges could still be reinstated.
Gabriel was arrested in August 2015 after a Nelson Mandela University student accused him of harassment and repeatedly threatening to rape her.
Now, in papers filed with the Eastern Cape High Court (Port Elizabeth) three years after the charges were formally withdrawn, Gabriel has accused the state of failing to properly probe the allegations prior to his arrest and of falsely stating in an affidavit that he had told the complainant that he wanted to ‘mount her like a horse’, among other profanities.
He said the warrant for his arrest was faulty and took issue with the fact that his bail application was not held in-camera.
The report notes the civil trial has been set down for May 2020.
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