Again, UPND cadre demands compensation for alleged wrongful imprisonment

A UPND member who was accused of attempted murder has dragged the Attorney-General to the High Court, demanding K2 million as damages for malicious prosecution.

Chola Simwawa in his statement of claim filed in the Lusaka High Court stated that on November 7, 2019, he was called by Brigadier Morgan Sitwala to rush to the UPND Secretariate in Kaoma district which had been attacked and vandalised by alleged PF cadres.

Simwawa stated that on his way to the Secretariat, riding a motor bike, he met three vehicles which had PF cadres, just a few metres from where the Police vehicles were packed.

He stated that the PF cadres upon identifying him as being UPND, they charged at him with sticks and machetes.

Simwawa said after noticing extreme danger, he fired warning shots to scare them away but that it did not serve the purpose as one of the cadres jumped on him and engaged in a tussle.

“However, despite the warning shots, one of the cadres charged at the plaintiff and ended up jumping on top of the plaintiff who was still unable to walk and they both started wrestling for the said pistol and in the process, the said gun suddenly discharged thereby hitting one of the PF cadres in the leg,” he stated.

He said he was rescued by the police and taken to Kaoma police station where he was surprised to hear that he was wanted for the murder of his fellow party member, Lawrence Banda, who was shot dead by an alleged PF cadre.

The plaintiff contended he had nothing to do with Banda’s death because he was not at the scene when the incident occured.

He was, however, transferred to Mongu Police Station and detained for nine days at Mongu Police Station for Banda’s murder but when he appeared before the Kaoma Magistrates’Court, the charge was amended to attempted murder.

“Despite the police arresting and charging him with attempted murder, there was no evidence that he unlawfully attempted to cause the death of another person or had intentions to unlawfully cause injury as a result of the discharged of a gun during the said wrestling process,” he said.

Simwawa said he was discharged by the Subordinate Court after the Prosecution failed to commit him to the High Court.

The plaintiff is seeking an order for special damages in the sum of K1,080,000 and K1,000,000 for false imprisonment and malicious prosecution.

He is also demanding damages for mental anguish, turmoil and distress suffered as a result of the malicious Prosecution and interest on the sums found due.

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