FORMER MDC-T youth leader, Solomon Madzore, and MDC-T activist, Zwelibanzi Dube, have taken senior government officials to court demanding $189 400 compensation for unlawful arrest, detention and prosecution over the death of Police Inspector Petros Mutedza, in Glen View, Harare, five years ago.
BY CHARLES LAITON
In papers filed at the High Court on August 16, the opposition activists claimed their arrest and prosecution was illegal. They cited Home Affairs minister Ignatius Chombo, Police Commissioner- General Augustine Chihuri and Prosecutor-General Ray Goba as respondents.
Madzore and Dube are demanding $117 200 and $72 200, respectively, for unlawful arrest, detention, malicious prosecution, pain and suffering, contumelia and special damages for loss of income occasioned by the conduct of police officers working on Chombo, Chihuri and Goba’s orders.
The Zimbabwe Lawyers for Human Rights is representing the duo.
In the court papers, Madzore, who has now joined the opposition People’s Democratic Party, said he was arrested on October 4, 2011, by several armed officers who stormed his Waterfalls home claiming he had participated in the murder of Mutedza by MDC-T supporters.
Madzore said the police detained him although he had told them he was not anywhere near the scene of the incident. He further said he was released on December 12, 2012 following his discharge at the close of the State case after spending 405 days in solitary confinement at the Chikurubi Maximum Security Prison.
“The High Court found that he was arrested and incarcerated in spite of the confirmation of his alibi by the police and without any evidence linking him to the offence. As a student enrolled at the University of Zimbabwe, his studies were unduly disrupted and he was separated from his children, family and loved ones for 405 days,” the lawyers said.
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Dube, in his founding affidavit, said he was arrested on June 3, 2011 over the same matter despite his alibi defence being confirmed by the police.
Dube’s lawyers said: “On Sunday June 5, 2011 at around midday, police officers took him (Dube) to Chitungwiza where they confirmed his alibi and in fact told him his testimony had been validated word for word by Brian Makamahanzi. However, in spite of the confirmation of his alibi, they still detained him and took him to Rotten Row Magistrates’ Court where he was remanded in custody and only released on bail on August 1, 2011. He was discharged at the close of the State case.”
