A MOTORIST accidentally shot by a police officer pursuing thieves breaking into vehicles, stealing various goods, has sued Home Affairs minister Cain Mathema (pictured) and Police Commissioner-General Godwin Matanga for US$100 000.
BY SILAS NKALA
Timothy Mangena, who was injured during the shooting, filed summons at the Bulawayo High Court.
He cited Mathema, Matanga and Constable Samuel Marava, who fired the gun as respondents.
“The plaintiff’s claim is against the first, second and third defendants jointly and severally, the one paying the other to be absolved for payment of the sum of US$100 000 or the equivalent at the interbank rate on the day of payment for actual damages as a result of negligent gunshots,” read the summons in part.
“Interest on the total sum at the prescribed rate from the date of issue of summons to the date of payment in full and cost of suit on a higher scale.”
In his submissions, Mangena said on December 21, 2018, he was sitting in his car along George Silundika and Fifth Avenue in Bulawayo, at around 2:44pm, when he was negligently shot by Marava.
He said Marava, stationed at CPU Bulawayo Central, fired shots at the thieves who were breaking into motorists’ vehicles.
“The stray bullet penetrated at the rear of the plaintiff’s car, damaging the boot and going through the driver’ seat and then through the left shoulder of the plaintiff,” read the declaration.
“The plaintiff was rushed to the United Bulawayo Hospitals for treatment. It was revealed that he suffered a fracture…”
Marava was reportedly using a service pistol, a CZ with five rounds of ammunition. He fired two warning shots in the air and two other shots towards the thieves’ getaway car.
He pegged his medical expenses at US$1 000, future medical expenses at US$1 000, transport at US$1 000, accommodation at US$1 000, car damage repairs at US$1 000 and pain, injuries, suffering and trauma at US$95 000.
The defendants are yet to respond to the summons.