By 
The State has told the Lusaka High Court that Permanent Secretary for Special Duties, Patrick Mucheleka, Small and Medium Enterprises Development Minister, Elias Mubanga, and three others are not entitled to payment of damages.
This is because there was reasonable cause to prosecute them for aggravated robbery.
Attorney-General, Mulilo Kabesha, further submitted that, infact, the litigants were not acquitted of the charges but a nolle prose qui was entered.
This is in a matter in which Mucheleka, Mubanga, UPND National Youth Secretary Samuel Ngwira, Chinyimba Bwalya and Kelvin Kalusha Bwalya filed a lawsuit against the Attorney-General, seeking compensation for malicious prosecutions and false imprisonment.
They also seek damages for the mental distress, mental anguish, emotional distress, inconvenience and embarrassment.
The Attorney-General, however, stated that the Police has reasonable cause to arrest and detain the five after it was reported UPND members had attacked and robbed the mobile registration office and damaged property in September,2020.
Kabesha said investigation were instituted and police recovered a generator at a house in Chilamba village which led to the detention and arrest of Mucheleka and co plaintiffs.
“A nolle by law is not a discharge. That there was no malice in the detention and arrest of the plaintiffs’. The defendant will aver that the plaintiffs are not entitled to the claims sought in their statement of claim,” he said.
He also contended that the National Prosecution Authority acted within its mandate to prosecute the matter.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments