Cop seeks compensation for unlawful detention
A POLICE officer alleged to have murdered someone in Lusaka’s George compound has sued the State claiming compensation for unlawful detention.
Simon Hamatebwele claimed that he was kept in custody for 43 days without being charged and now he wants the Lusaka High Court to declare that his detention without being charged with any criminal offence was illegal.
According to a statement of claim filed in court, Mr Hamatebwele also wants an order for exemplary damages, interest, costs and any other reliefs that the court may deem fit. He stated that he was detained on January 5 this year at Matero police station and had not been charged till February 18.
“The plaintiff will aver that the police purported to say that he was detained to help police with investigations in a murder case that took place in George compound in Lusaka on January 5, 2019,” read part of the claim.
Mr Hamatebwele claimed that the conditions upon which he was being held were extremely inhuman, degrad ing and a health hazard due to poor sanitation.
He stated that he will avail at trial that the police does not have powers under the laws of Zambia to detain him without any charge for purposes of conducting criminal investigations.
Mr Hamatebwele stated that the period he was kept in detention had gone beyond the reasonable period allowed by law and Bill of Rights in the constitution of Zambia.
He however, claimed that his detention was malicious and intended to punish him purely on unsustainable claims.