News Item
2 July 2002 - Cape Times
The ministry of safety and security is considering an appeal against a high court ruling that it is liable for damages suffered by a quadriplegic man.
Jan Hamilton was left paralysed from the chest down when he was shot by
Erna Lochiel McArdell who had been issued with a licence to own a revolver in 1993, in spite of her history of psychotic behaviour.
Hamilton claimed he was shot as a result of the ministry's negligence in that it failed to investigate properly McArdell's firearm application.
In the Cape High Court on Friday, Acting Justice Theo Jooste ruled that the ministry was liable because McArdell had given the court no indication that she would have acquired a firearm illegally if her application had been rejected.
Judge Jooste said the police would have found out about McArdell's history had they taken the trouble to make two telephone calls - one to McArdell's mother and another to her employer.
Ministry spokesman Andre Martin refused yesterday to comment on the judgement. He said the case had not been finalised.
"We have noted the judgement and we are considering an appeal," he said.
Hamilton's counsel, Michael Donen, told the Cape Times his client was relieved but would have to go back to court to prove how much the ministry should pay in damages. His initial claim was for R18.93m.
Ian Hamilton's legal costs are underwritten by Legal Protection Services.