St Albans prisoner sues after indecent assault by warders

By Tabelo Timse

AN inmate at St Albans Prison, near Port Elizabeth, paid a heavy price for winning a game of pool against a warder, who allegedly decided to teach him a lesson by indecently assaulting him with a pool cue.

Patrick Fondling, 57, who is serving seven years for housebreaking, has demanded R100 000 compensation from the correctional services department.

Four warders have been suspended and face possible criminal charges.

Fondling says his nightmare started on November 25 after he beat one of the warders in a game of pool.

“It was approximately 1.30pm when the incident happened. I was playing pool against another inmate and I won the game.

“A prison warder who was watching also wanted to play and I again won the game – and that is where trouble began.”

While Fondling was celebrating his victory, the warder he had played against allegedly grabbed him by the neck and threw him on the pool table.

“Three other warders joined in and stripped off my clothes.”

Fondling says he was then sexually assaulted with a pool cue as “other prisoners were watching and the warders were laughing”.

After he managed to break free, he fled naked and was later examined by a doctor.

Fondling said he had been humiliated and suffered emotionally as a result. “On top of the suffering I went through I still have to look at them every day.”

He said some of the warders had tried to bribe him to keep quiet.

He was initially offered R10 then R500 not to report the incident to the authorities. He refused the offers.

“They have taken my dignity away and now they want me to pretend this never happened.

“Although I am a prisoner, I have rights.”

Fondling’s lawyer, James Philipson, said he had sent a letter of demand claiming R100 000 in damages from correctional services.

He had written another letter demanding action against the warders.

“We expect the department to react and take steps to address the situation,” he said.

National correctional services spokesman Manelisi Wolela confirmed steps were being taken.

“Preliminary investigations have confirmed the incident.

“The officials involved were suspended pending the finalisation of investigations and a disciplinary process.”

Wolela also condemned the warders’ actions.

“The department wishes to state unequivocally that any vestiges of an oppressive and barbaric prison system that abuses and dehumanises offenders can never be tolerated in the new South Africa.

“The Constitution of South Africa clearly protects and promotes respect of human rights including people in incarceration.”

The warders would face the full wrath of the law if found guilty, he said.

Wolela said the department had acknowledged receipt of the letter of demand from Fondling’s lawyer and was considering it.

South African Prisoners’ Organisation for Human Rights president Golden Miles Bhudu said although indecent assault happened frequently in prisons, incidents were rarely reported to authorities.

“Many prisoners, especially those who still have time to serve in prison, do not report these incidents due to fear of further harassment and victimisation.”

Bhudu said it was sad that prisoners were not unified and did not make sure that indecent assaults were properly reported and that the cases were monitored afterwards.

Many reported cases were not properly investigated, he said.