Source: Police sued for $600 000 | The Herald May 31, 2017
Daniel Nemukuyu Senior Court Reporter—
A Harare man who recently made headlines for allegedly posing as a minister and defrauding an EcoCash agent of $3 000 has slapped the police with a whopping $600 000 lawsuit for unlawful arrest, assault and defamation. Tawanda Major early this month appeared before a Harare magistrate facing fraud charges, but the court freed him after finding out that his rights had been violated in the process of his arrest and stay in police custody.
He claims the police beat him up and arrested him over a $3 000 debt allegedly borrowed by his ex-wife, whose where-abouts he was not even aware of.
Without any court order, Major also claims, the police brought a lorry and took away his personal property, including a Mercedes-Benz E320 vehicle, set of black leather sofas, 65-inch Samsung television set, 42-inch Samsung television set, two beds, one microwav oven, a table and a radio set.
In the summons filed at the High Court on Monday this week, Home Affairs Minister Ignatius Chombo, Police Commissioner-General Augustine Chihuri and three detectives were cited as defendants.
Major is claiming $150 000 for unlawful arrest and detention and $200 000 for assault allegedly perpetrated on him while in police custody.
He is also claiming $250 000 for defamation that emanated from the publicity of the matter after the “unlawful arrest”.
According to the plaintiff’s declaration, Major said the police approached him while relaxed at his Borrowdale home seeking to know the whereabouts of his ex-wife.
After failing to get enough information, he claims, the police decided to detain him until they apprehend the wanted woman.
“Upon identifying themselves, the said persons (three detectives) went on to indicate that plaintiff’s former wife had borrowed money to the tune of $3 000 from an EcoCash agent, which was operated by the third defendant (Superintendent Dafana of Commercial Crimes Unit),” reads part of the declaration.
“Plaintiff later learnt from a newspaper publication in The Herald that the said person (EcoCash agent) was, in fact, Enia Dafana. The third to fifth defendants advised plaintiff that they were going to detain him until his former wife had returned.”
One of the detectives handcuffed Major and allegedly assaulted him in the face and on his privates.
“All this was done in the presence of plaintiff’s two minor children and two maids,” reads the declaration. “The debt recovery act was done unlawfully and barbarically and against the wrong person.
“Plaintiff even advised the police officers that he had separated with Daisy Hazvinavarwi and that on separation she took her belongings, but this still yielded no positive results.”
Major filed a separate application for spoliation at the High Court in which he is seeking the release of his property.
The defendants are yet to respond to the two court cases.
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