Lady sues Police and AG over assault in custody
Judith Yaa Kumah, who lost part of her ear during a police investigation into an alleged robbery, has filed a lawsuit seeking GH¢15 million in damages for human rights violations.
Her lawyer, Mr Andrew Khartey, has sued the Ghana Police Service (GPS), Corporal Clement Suputour (the officer involved), and the Attorney General (AG) as the legal representative of the government.
The defendants, including the AG, have eight days to respond to the suit, or judgment may be rendered in their absence.
Kumah is seeking GH¢6 million for human rights violations committed by the GPS and its employees, plus an additional GH¢3 million for false arrest, assault, and battery.
She is also claiming GH¢3 million for negligence by the GPS and another GH¢3 million for violations of her fundamental rights and the torturous acts she suffered.
Khartey is also praying the Court to order the defendants to pay for all expenses for the reconstruction of his client’s ear and for resolving her hearing impairment.
According to the statement of claim, Kumah was arrested without being informed of the reason for her arrest, and the arrest was made without legal justification, making it a false arrest.
The writ of summons further stated that the physical injury inflicted on Kumah, including the forced extraction of a statement, violated her right to a fair trial and her dignity.
The amputation of part of her ear is described as an act of assault and battery.
Additionally, the delay in releasing her medical results was seen as a violation of her right to health and life.
The writ said Kumah was arrested on February 29, 2024, when she went to the Community One Police Station to visit her boyfriend, who had been arrested but was herself detained.
She was then transferred to the Community Eight Police Station, where Corporal Clement Suputour allegedly attempted to forcibly extract a confession from her.
Despite not being informed of the reason for her arrest or her right to a lawyer, she was questioned about the whereabouts of an individual involved in a crime, which she denied knowing.
During the interrogation, Suputour allegedly cut off the upper part of Judith’s right ear using a metal object.
However, instead of receiving medical care, she was offered marijuana by the officer to alleviate her pain, which she rejected.
After being ordered by a senior officer, Suputour took Judith to the Community Two Police Clinic, which lacked the necessary medical equipment to treat her injuries.
The severed part of her ear was reportedly not kept and has since gone missing.
At the clinic, it was also discovered that Judith was pregnant, but Suputour showed no concern for her condition and instead returned her to the police station for further interrogation.
During her continued detention, Kumah was accused of being involved in a car robbery and was allegedly identified as a woman in CCTV footage related to the robbery.
Suputour then coerced her into signing a confession and threatened to cut off her other ear if she did not comply.
Despite the allegation, when taken to the crime scene, security officers did not identify her, nor was she recognized during an identification parade.
Kumah was eventually charged, but the prosecution failed to present the CCTV footage as evidence in court, leading to her discharge.
New suspects were later arraigned for the same crime.
The writ stated that Kumah experienced significant emotional distress, including embarrassment, reduced confidence in social situations, and trauma from the unlawful treatment she endured.
She is seeking compensation for the physical, emotional, and psychological harm caused by the incident, which she contends violated her rights and dignity.
Source: GNA
