News / National
High Court rules against cops
28 Jul 2017 at 06:14hrs | Views
The High Court has ruled the police off-side and ordered them to immediately return a Mercedes Benz E320 and an assortment of household property they unlawfully seized from a Harare businessman two months ago.
Tawanda Major lost the vehicle, a set of black leather sofas, a 65-inch Samsung television set, a 42-inch Samsung television set, two beds, one microwave, a table and a radio when the police raided his house accusing him of defrauding an Ecocash agent of $3 000.
The man was arrested on fraud allegations and claims to have been assaulted during the arrest. Major has since filed a $600 000 lawsuit against the police seeking damages for unlawful arrest, assault and defamation. He claims the police beat him up and arrested him over a $3 000 debt allegedly borrowed by his ex-wife whose whereabouts he was not aware of.
Without any court order, Major claims, the police brought a lorry and took away his personal property. While the $600 000 lawsuit was still pending, Major filed an urgent application seeking the release of the seized property. High Court judge Justice Happias Zhou on Friday ordered the police to release the property.
"It is ordered that the third, fourth, fifth and sixth respondents (police officers) jointly or severally be and is hereby ordered to return forthwith applicant's personal and private property being 65inch curve Samsung television set, a 42 inch Samsung television set, a set of black leather sofas, two beds, one microwave, one table, one radio set, Mercedes Benz E320 and a vehicle registration book for a Range Rover together with its agreement of sale.
"The third, fourth, fifth and sixth respondents shall bear costs of this suit," ruled Justice Zhou. In the pending summons, 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, $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 apprehended the sought-after woman.
One of the detectives handcuffed Major and allegedly assaulted him in the face and on his privates, the court heard.
Tawanda Major lost the vehicle, a set of black leather sofas, a 65-inch Samsung television set, a 42-inch Samsung television set, two beds, one microwave, a table and a radio when the police raided his house accusing him of defrauding an Ecocash agent of $3 000.
The man was arrested on fraud allegations and claims to have been assaulted during the arrest. Major has since filed a $600 000 lawsuit against the police seeking damages for unlawful arrest, assault and defamation. He claims the police beat him up and arrested him over a $3 000 debt allegedly borrowed by his ex-wife whose whereabouts he was not aware of.
Without any court order, Major claims, the police brought a lorry and took away his personal property. While the $600 000 lawsuit was still pending, Major filed an urgent application seeking the release of the seized property. High Court judge Justice Happias Zhou on Friday ordered the police to release the property.
"It is ordered that the third, fourth, fifth and sixth respondents (police officers) jointly or severally be and is hereby ordered to return forthwith applicant's personal and private property being 65inch curve Samsung television set, a 42 inch Samsung television set, a set of black leather sofas, two beds, one microwave, one table, one radio set, Mercedes Benz E320 and a vehicle registration book for a Range Rover together with its agreement of sale.
"The third, fourth, fifth and sixth respondents shall bear costs of this suit," ruled Justice Zhou. In the pending summons, 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, $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 apprehended the sought-after woman.
One of the detectives handcuffed Major and allegedly assaulted him in the face and on his privates, the court heard.
Source - the herald
