Matanga sued over wrongful arrest

A HARARE man has filed a lawsuit against police commissioner-general Godwin Matanga, at the High Court claiming that he was wrongfully arrested and is seeking to be released from custody.

Borislav Trifonov Boynov, who is under police guard in hospital, cited Matanga and an assistant inspector Patrick Matare as the respondents in the suit.

Boynov was arrested last Friday after police officers stormed his house claiming that they wanted to question him about an ongoing Supreme Court civil lawsuit involving his employer.

"On Friday, 9 April, 2021 in the late afternoon, three male police officers came to Bath Mansions premises requesting to see me.  

"Upon being made aware of this development by my gardener, I immediately called my attorney, Shingai Mutumbwa, who assured me that he would contact Avondale Police Station to establish whether they were genuine police officers.

"In due course, my legal practitioners went to Avondale Police Station and met with first respondent (Matare) where after I was informed by my attorney that the police had requested that I attend at the police station to answer some questions pertaining to civil litigation proceedings taking place in the Supreme Court of Zimbabwe involving my employer, Technoimpex JSC and one Sarah Hwingwiri," he averred.

Boynov is also claiming that despite his lawyers making arrangements to have him appear at the police station last Sunday, the police officers returned to his home and informed him of their intention to arrest him.

He was, however, rushed to the critical care unit at Borrowdale Trauma Centre following a medical emergency where he was later placed into police custody.

"Around 7:30pm on the same day, I was startled to hear loud noises from attempts at forced entry at my door and when I requested the intruders to identify themselves, they said they were police officers from Avondale Police Station.

"I subsequently received a telephone call from my attorney advising me that he had spoken to the first respondent, who confirmed that his hand had been forced to place me in police custody, but he did not have a warrant of arrest," Boynov added.

He is further claiming that his arrest was an attempt by Hwingwiri to intimidate him and influence the outcome of the case currently pending at the Supreme Court.

"This is not the first time that I have, at the insistence of Hwingwiri, been arrested and detained by the police without lawful cause.  

"In 2016 the same woman, Hwingwiri, caused my arrest and detention without charge at Highlands Police Station.

"I am certain that my current arrest and detention is also at the behest of the well-connected and resourceful woman, Hwingwiri.  

"I am certain she has caused my arrest and detention for a second time to intimidate me and advance her criminal influence on the outcome of the litigation matters currently pending in the High Court of Zimbabwe and the Supreme Court," he claimed.

He is challenging the arrest and his detention at the hospital and argues that it is abuse of power by the police as he was not made aware of the charges he is facing before being arrested.

Matanga and Matare are yet to respond to the lawsuit.