Eight years after she was raped on Port Elizabeth’s Kings Beach, Andy Kawa’s civil case against the police is finally under way – and whatever the outcome, she will be glad to put the matter to rest.
Speaking at the Port Elizabeth High Court on Tuesday, Kawa – who survived a 16hour gang attack in December 2010 – said what she really wanted now was closure.
Kawa was attacked by a gang of men while taking an evening walk along the beach.
Former Humewood police station commander Brigadier Ronald Koll, the safety and security minister and two other Bay cops, investigating officers Matabataba Madubedube and Adine Solomon, were cited in Kawa’s R6m suit which was filed in 2013.Kawa claims shoddy police work is the reason none of her attackers have ever been caught – which she says has led to severe mental stress.
“I think every victim needs some form of closure. It doesn’t matter what the outcome of this case is, as long as there is justice,” she said.
Kawa said her prolonged attempts at justice had taken a significant toll on her life.
Backing this up was clinical psychologist Professor Ugash Subramaney, who interviewed Kawa on several occasions.
Subramaney, who testified in the Port Elizabeth High Court on Monday and Tuesday, said though Kawa, 51, was a “highly functional individual with psychological reserves”, she suffered from severe psychological illness, perpetuated by ongoing post-traumatic stress disorder (PTSD).
“[Kawa] does present symptoms of PTSD ... which include that her life has changed completely, she cannot return to work and she is depressed,” Subramaney said.
During a December 2012 march against the scourge of abuse, Kawa identified two of her alleged abductors, who were subsequently arrested.
They were later released after police failed to link the pair to the crime.
According to papers before the court, Kawa believes police officers breached their duty to investigate her allegations that she had been abducted, held hostage and raped.
She further alleges that the police delayed responding to a call by joggers who assisted her after her escape.
She also alleges police failed to search the area in the vicinity of the car park at Kings Beach, where her car had been left and broken into at the time, or obtain CCTV footage.
Kawa’s civil suit stems from her claim that she suffered from post-traumatic stress and depression and as a result has not returned to her investment brokerage consultancy since the attack.
The nearly R6m she is suing for includes almost R800,000 in past hospital and medical expenses, R250,000 in future medical expenses and R4.5m in estimated loss of income, among others.
“It is clear ... the [PTSD] symptoms are being prolonged by this [court] process,” Subramaney said.
Highlighting some of Kawa’s symptoms, Subramaney said Kawa suffered from avoidance anxiety that included being afraid of walking alone for fear she would be abducted, as well as forgetfulness.
“These are symptoms of both PTSD and depression,” Subramaney said.
Asked by defence advocate Chris Mouton SC how Kawa would find closure with the finalisation of the case, Subramaney said it would go a long way in helping her to deal with the trauma.
“Once over, in terms of the case [Kawa] will have to adapt ... She has not been given the opportunity for a full recovery,” Subramaney said.
The case continues.