FRANCISTOWN: A police officer based at Goshwe village is suing the Police Commissioner for P1 million for her unlawful arrest, detention and prosecution.
In her papers filed before Justice Mpaphi Phumaphi through her attorney Morris Ndawana, Constable Tshepo Nnewe said that on February 5, 2014 she was arrested and detained by Kutlwano Police on suspicion that she had committed murder.
“It was alleged that I killed a certain Bokani Socks with one Atlholang Mujangi.
Following the arrest I was then detained until February 17, 2014 when I was released on bail.
Thereafter, I continued attending court for mentions until October 16, 2014 when the state withdrew charges against me saying that they did not have evidence against me,” Nnewe said in her papers.
She says that the only reason she was arrested is because she lent her car to Mujangi while they were on a trip to Ramokgwebana border.
“The said Mujangi is my boyfriend and as such I did not see anything wrong with me lending him my vehicle to use for legal activities.
My position is that my arrest was unlawful and wrongful for there was no reasonable suspicion whatsoever to suggest that I committed or knew anything about the offence alleged to have been committed,” said Nnewe.
She added that following her arrest, she was charged with murder and was maliciously prosecuted until the state withdrew charges against her.
“My prosecution was malicious as there was no probable cause to prosecute me in the first place.
I was simply connected to the offence by the mere fact that my co-accused boyfriend at one point borrowed my car.
In the end, I had to engage the services of attorneys to secure my freedom and had to part with P30,000.
Thereafter, I paid another P20,000 for the various court attendances which my attorney made at court,” said Nnewe.
In the end Nnewe said that she ended up paying P50,000 for the services and she prays that the state should refund her.
“I am also claiming P1 million in total for my unlawful arrest, detention and subsequent prosecution. In the end, I pray for the orders sought in the declaration,” said Nnewe.
In the writ of summons before Justice Phumaphi, the Attorney General, who has been cited as the second respondent in the lawsuit, has been given 21 days from July 15 to show cause why they cannot pay the costs demanded by Nnewe. Morati Moalosi represents Attorney General’s Chambers.