Court of Appeal judges will on the 29 of July pass judgment in an appeal brought before them by Cameron Van Wyk and Mark van Vyk who were suing the Botswana Police Service for unlawful shooting and wounding, which was dismissed with costs at Lobatse High Court.
The incident occurred in southern Botswana in 2006 after members of the public had complained to that some people had been shooting at them in the bushes.
The appellants maintain that they had gone into the bushes to make braai with friends and had not thrown stones at motorists as claimed.
In their submissions, the appellants’ lawyers submitted that there was no basis for the High Court judge to have made a finding that there was nothing to support the appellants’ story that they had gone into the bushes to make braai because they were not carrying braai ingredients, such as meat and meat products.
They submitted that this was so because one of the witnesses had testified that they did have meat with them in the car and that Van Vyk had testified that other boys had indicated that they would supply food for the braai.
It was never suggested to the witness that he was being untruthful when he testified that they had meat with them in the back of the car for braai.
They submitted that the judge erred in rejecting the evidence that the boys had intended to have a braai.
They further submitted that the judge’s findings that the appellants and witnesses “were somewhat evasive and at times outright hesitant in responding to questions and were hiding the truth” are not supported by evidence.
