Police sued over Glen View murder arrest

HARARE - The High Court has ruled that the police is answerable to Cynthia Manjoro’s unlawful arrest and assault over claims that she participated in the murder of a Glen View police officer in 2011.

Manjoro has since filed for damages in an application where she cited Home Affairs minister Kembo Mohadi, commissioner-general of police Augustine Chihuri and prosecutor general Johannes Tomana as respondents.

She claims that the police should pay for damages over the unlawful arrest, assault, past and future medical expenses, pain and suffering, humiliation, loss of income and malicious prosecution.

Mohadi and Chihuri entered special pleas to Manjoro’s claim.

They argued that in terms of the Police Act, any civil proceedings instituted against the State or member in respect of a claim such as the one brought by Manjoro should be commenced within eight months after the cause of action has arisen.

The police argued that Manjoro had instituted the proceedings after 29 months of having been arrested.

“Consequently her claim is out of time,” they argued.

Manjoro, however, said her cause of action arose on the day of her acquittal in September 2013.

High Court judge Esther Muremba agreed with Manjoro’s submissions, before proceeding to dismiss, Mohadi and Chihuri’s arguments.

“…the cause of action for unlawful arrest and malicious detention arise when proceedings have been finalised and they should have been finalised in plaintiff’s favour.

“As such, the plaintiff instituted legal proceedings against the defendants within eight months as is required by Section 70 of the Police Act,” she said.

In the end she ruled, “In the result, the special plea by the first and second defendants is dismissed with costs.”

In her court papers, Manjoro, who was arrested together with 28 others, told the court she was wrongfully arrested on murder charges in May 2011.

She was arrested because her car was found at the murder scene.

Despite telling that police that she was attending a church service at the time and was not present at the scene, the police went on to arrest her.

She told the police that her boyfriend Darlington Madzanga was the one who was in possession of the car at the material time.

Following her arrest, she was denied bail, which resulted in her spending seven months in remand prison.

Manjoro was subsequently prosecuted and acquitted in September 2013.

“She stated that her arrest, detention and prosecution were unlawful and malicious. She said that while in custody she lost income in the form of salaries and benefits,” Muremba said in her judgment.

The matter will proceed to be heard on merits on a date to be set.

Comments (1)

Sue the fuckers Big Time!!

Jonso - 13 April 2018

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