Fungai Lupande Senior Court Reporter
A Harare businessman yesterday filed a civil lawsuit of almost $3 million against Retired Commissioner-General of the Zimbabwe Republic Police Augustine Chihuri, whom he accuses of causing his unlawful arrest, torture and harassment.
The businessman, Mr Bigboy Pachirera, who is represented in suit by lawyer Mr Rungano Mahuni, also alleges the former Commissioner-General robbed him of a Mercedes Benz ML 350, Chrysler Jeep Cherokee, several trucks and house number 3853, Old Highfield, Harare.
Mr Mahuni alleged that the property taken from Mr Pachirera got registered in Chihuri’s name or that of his company, Kidsdale Enterprises. In an urgent letter hand delivered to Chihuri on December 5 last year, Mr Mahuni said since the time his client was dispossessed of his property, he had lost business and income in excess of $1,4 million.
“He suffered personal infringement in the sum of $1 million and the property that you (Chihuri) unlawfully deprived is worth $470 000 plus a Highfield home that you also unlawfully transferred from our client is $50 000,” read the letter.
“The house was earning rentals at the rate of $1 000 per month, therefore our client to date has lost income in the sum of $48 000. My instructions are to demand payment of $2 968 000, which should be paid on or before close of business on December 21, 2017, failing which we have instructions to roll out court action without further notice to you.” The letter alleges that on December 22, 2013, Chihuri caused the unlawful arrest of Mr Pachirera on theft allegations.
“All the material time you (Chihuri) knew that our client had not committed any offence against you or your company Kidsdale Enterprises,” reads the letter. You caused our client to be over-detained in police custody and he was made to appear at Chitungwiza Magistrates’ Court five days later. The court ordered his released on grounds of over detention.”
After Mr Pachirera’s release, his lawyer argued, Chihuri allegedly ordered police to harass him and his family before engaging CID Serious Fraud section, Law and Order and CID Homicide to harass, steal and rob him of his property. This vehicles were allegedly taken to the Vehicle Theft Squad at Southerton Police Station for verification. The letter went on: “You caused the change of name on all the vehicles into your name or a company owned by you.
“Since the Mercedes Benz ML 350 and Chrysler Jeep Cherokee were registered in my client’s daughter and wife’s names, you ordered the police to abduct his wife.
“She was threatened by police officer brandishing guns. The vehicles were removed from the lawyer’s custody by force by CID Homicide police officers. All our client’s heavy duty trucks were taken and unlawfully transferred into your name.” Chihuri is yet to respond to the civil suit which was filed yesterday.