Cop sues cop over 'malicious' arrest

A Masvingo police officer has taken the unusual step of suing six fellow officers for US$50,000, alleging malicious arrest and prosecution after he was accused of illegally possessing copper wire and spent three weeks in remand prison before eventually being acquitted.

Sergeant Takesure Buzu, formerly attached to the Homicide Section at Masvingo Central Police Station, has filed a civil claim at the Masvingo Magistrates' Court under case number MSVPC 753/26 against Inspector Paul Charlie of the Police Intelligence Unit and five other officers who participated in his arrest.

The other defendants are Kudakwashe Chokumarara, Wilfred Garatsa, Talent Tichaona Shambare, Lloyd Hendreck and Frederick Moyo.

The lawsuit arises from Buzu's arrest on August 17, 2022, in Rhodene, Masvingo, on allegations of illegal possession of copper wire.

According to court papers, Inspector Charlie led the operation that resulted in Buzu's arrest. The police sergeant was subsequently detained and spent 21 days in remand prison before being released. He was later acquitted of all charges in 2024.

Buzu is seeking US$15,000 for legal costs and other expenses incurred while defending himself in the criminal matter, as well as US$35,000 in damages for alleged humiliation, loss of liberty and emotional suffering arising from the arrest and prosecution.

In his claim, Buzu argues that the officers ignored evidence that would have demonstrated he was carrying out an official police assignment with the knowledge and approval of his superior, Detective Inspector Taurayi Muzvimwe.

He alleges that communications between himself and Inspector Muzvimwe clearly showed that his actions were authorised but were disregarded during the investigation.

Buzu further claims that a report compiled by Inspector Muzvimwe was deliberately excluded from the case docket and withheld from prosecutors.

According to the court papers, he contends that the report would have supported his defence and provided crucial context regarding the circumstances that led to his arrest.

"Detective Inspector Muzvimwe made his statement, and they blocked his statement to form part of the state papers, meaning the defendants were doing what they felt would make me suffer for the reasons best known to them up until the trial magistrate invited Detective Inspector Taurayi Muzvimwe to come and testify before the court," reads part of the claim.

Buzu also alleges that two men, Pinuis Chipute and Munashe Pasipanodya, whom he says were the actual suspects he intended to arrest in connection with the alleged copper theft, were apprehended by the police team but later released.

He claims the officers subsequently denied ever arresting the pair.

According to Buzu, official records in the charge office diary show that Chipute and Pasipanodya were indeed arrested, contradicting the version allegedly presented by the defendants.

He further alleges that the two men were omitted from court records and reports submitted to the provincial police command, raising questions about how the investigation was handled.

The former homicide detective argues that these omissions and actions point to a deliberate effort to prosecute him despite evidence that could have exonerated him.

The civil claim now places the conduct of the arresting officers under scrutiny and could result in a rare legal battle involving serving and former members of the Zimbabwe Republic Police.

Buzu is represented by Norman Mugiya of Mugiya Law Chambers.