Two Georgian nationals wants compensation of US$10 million for malicious prosecution

TWO Georgian tourists have launched a claim for a US$10 million compensation against the State for malicious prosecution and false imprisonment.

The National Prosecution Authority (NPA) and the Attorney General are cited as defendants in the action.

In a statement of claim filed in the Lusaka High Court by Equitas Legal Practitioners, Davit Bokuchava,55 and Demuri Kukhelshvili,62, both from Georgia in Europe arrived in Zambia through the Tanzanian border on November 28,2022.

The duo was however arrested and detained on December 15 ,2022, for a charge of theft contrary to Section 272 of the Penal Code, Chapter 87 of the laws of Zambia.

It was alleged the plaintiffs on July 28,2021 in Lusaka , jointly and whilst acting together did steal US$50,000,the property of one Bryce Bupe.

They stated that their passports had all the date stamps to show that the arrived in Zambia way after the crime had been committed, but the police officers proceeded to arrange a bogus identification parade and were fingered as the culprits.

“The plaintiffs were subjected to prosecution of the offence of theft , without being released on bail nor bond for over 240 days, until the proceedings were terminated in their favour on September 15,2023 in a judgement rendered by the Subordinate Court,’

They contended that the State’s actions against them were a breach of well-established principles of international law as they relate to the treatment of foreign nationals.

Davit Bokuchava and Demuri Kukhelshvili are demanding US$1.5 million each for aggravated and exemplary damages for malicious prosecution, special damages in excess of US$2 million each and US$500,000 each as damages for assault. They are further claiming aggravated and exemplary damages for false imprisonment amounting to US$1 million each against the Attorney General.