Don­key ‘thief’ sues vil­lagers, cop for $100k

Chronicle (Zimbabwe) - - Front Page - Mashudu Net­sianda

A MAN from Nya­mandlovu who was kid­napped by two vil­lagers and sub­jected to a bru­tal mob at­tack be­fore he was un­law­fully ar­rested for al­legedly steal­ing don­keys, is su­ing his as­sailants and a po­lice of­fi­cer for $100 000.

Vi­va­cious Bhebhe was in Novem­ber last year al­legedly kid­napped by Kawu­lani Ng­wenya and Mt­shana Tshuma who were armed with an axe and a knobker­rie be­fore they as­saulted him with the as­sis­tance of a group of vil­lagers they had al­legedly hired.

Ng­wenya and Tshuma ac­cused Bhebhe of steal­ing their don­keys.

Bhebhe, through his lawyers Seng­weni Le­gal Prac­tice, filed sum­mons at the Bu­l­awayo High Court cit­ing Ng­wenya, Tshuma and a po­lice of­fi­cer who ar­rested him, only iden­ti­fied as Con­sta­ble Taku, as de­fen­dants.

In pa­pers be­fore the court, Bhebhe said he was kid­napped by Ng­wenya and Tshuma on Novem­ber 2 last year and taken to a se­cluded area in Nya­mandlovu where they di­rected a group of vil­lagers to at­tack him.

He said af­ter the at­tack he was taken to Nya­mandlovu Po­lice Sta­tion where Ng­wenya and Tshuma made a false re­port of theft which was not sup­ported by ev­i­dence.

“I was taken to Nya­mandlovu Po­lice Sta­tion where Ng­wenya and Tshuma wrong­fully and ma­li­ciously lay a false charge of theft against me with the po­lice by giv­ing them false in­for­ma­tion that I had stolen their don­keys without ev­i­dence,” said Bhebhe.

He said when he re­ported to Con­sta­ble Taku that he had been kid­napped and as­saulted, the po­lice of­fi­cer sided with Ng­wenya and Tshuma and ar­rested him.

“Con­sta­ble Taku de­tained me with no charge and kept me in hold­ing cells when it is a re­quire­ment that po­lice should only de­tain a sus­pect when their in­ves­ti­ga­tions have shown that there is a rea­son­able pos­si­bil­ity that the per­son be­ing de­tained could have com­mit­ted a crime. The po­lice of­fi­cer sim­ply de­tained me without con­duct­ing an in­ves­ti­ga­tion, which clearly showed bias as he later joined the other two de­fen­dants in as­sault­ing me,” he said.

Bhebhe said the de­fen­dants went to his place of res­i­dence to search for the al­leged stolen don­keys and they failed to find them.

“As a re­sult of Ng­wenya and Tshuma’s con­duct, Con­sta­ble Taku re­fused to hear the side of my story and ar­rested me and I was de­tained and kept in po­lice cus­tody be­fore I was re­leased the fol­low­ing day without any charge. Hav­ing spent a night in cus­tody I was taken to my place of res­i­dence for what was sup­posed to be a search mis­sion for the don­keys dur­ing which I was or­dered to re­move my shirt by the de­fen­dants and they as­saulted me,” he said.

“Af­ter search yielded no re­sults I was taken back to the po­lice sta­tion where I was re­leased without any charges.”

Bhebhe said he suf­fered in­juries as a re­sult of the at­tack and had to be rushed to a lo­cal clinic.

He wants an or­der di­rect­ing the de­fen­dants to pay $100 000 be­ing dam­ages for con­tu­melia, de­pri­va­tion of free­dom and the dis­com­fort he suf­fered dur­ing the at­tack and de­ten­tion.

“Where­fore the plain­tiff claims pay­ment of $100 000 be­ing dam­ages for con­tu­melia, de­pri­va­tion of lib­erty and dis­com­fort suf­fered. It can only be fair and just if the de­fen­dants are made to pay the costs of suit on an at­tor­ney and client scale as they have caused the plain­tiff to in­cur un­nec­es­sary le­gal ex­penses,” said Bhebhe.

He said de­spite de­mand, the de­fen­dants re­fused or ne­glected to pay him the dam­ages. — @ mash­nets

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