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Mawarire's $65 000 damages claim dismisseed by court

27 Jun 2020 at 08:31hrs | Views
#THISFLAG social movement campaign leader and clergyman, Evan Mawarire, has lost a $65 000 damages claim he filed against police after the matter was dismissed by the High Court on June 8.

Mawarire had taken the Home Affairs ministry, then led by Obert Mpofu, Police Commissioner-General Godwin Matanga, Assistant Commissioner Crispen Makedenge, Detective Inspector Edmore Runganga and Detective Inspector Phiri to court seeking compensation for his unlawful arrest and detention on three occasions between February and November 2017.

But Justice Edith Mushore dismissed the case in the presence of only Attorney-General (AG) representative, Mike Chimombe, after Mawarire and his legal team failed to attend the hearing.

"After reading documents filed of record and hearing counsel, plaintiff's (Mawarire) case be and is hereby dismissed," Justice Mushore ruled.

In the court papers, Mawarire had accused the law enforcement agents of illegally arresting and detaining him for exercising his constitutional rights.

"From a period extending February 1, 2017 to November 2017, third, fourth and fifth defendants (Makedenge, Runganga and Phiri) being attested members of the Zimbabwe Republic Police and in the employ of the first defendant (Home Affairs) with no justas causa (just cause) unlawfully and wrongfully arrested and detained the plaintiff on three different occasions," Mawarire said in his declaration.

"All his arrests ensured that he was detained in police cells and correctional facilities including Harare Central Police Station, Harare Remand Prison and Chikurubi Maximum (Security) Prison. This incarceration not only hampered his freedom of movement, but also put him in danger of being attacked by actual criminals in prison who threatened him."

The clergyman, who was arrested for inciting anti-government protests, claimed the arrests were motivated by malice on the part of police as there was no reasonable suspicion that an offence had been committed.

Source - newsday
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