UPND official sues Nawakwi, State for malicious prosecution



A UPND national youth official has sued Forum for Democracy and Development (FDD) president Edith Nawakwi and the State for causing his an unreasonable prosecution in criminal allegations of threatening violence based on hearsay evidence.

The State was sued pursuant to Section 12 of the State Proceedings Act for a malicious prosecution.

In his submissions filed in the High Court, UPND youth national chairman  Joe Kalusa contended that  Nawakwi, with malice and without reasonable and probable excuse, caused his prosecution on allegations of threatening violence based on hearsay, threats she never heard herself.

Mr Kalusa said as a result of her malicious complaint to the police, he was detained based on the unfounded allegations, on a statement he was alleged to have issued towards Ms Nawakwi without the police carrying out proper investigations to determine the accuracy of the allegations.

He said he was subsequently falsely accused, charged and maliciously prosecuted for the offence of threatening violence and convicted by the Subordinate Court of Ndola.

Mr Kalusa claimed that the proceedings were commenced maliciously on the basis that they were published in the Post Newspaper and not that Ms Nawakwi had actually been threatened with any violence directly.

He claimed that the politically motivated proceedings were commenced maliciously and not for the good purpose of bringing the plaintiff who was the alleged offender to justice.

Mr Kalusa said despite the proceedings being constituted without probable cause , the Subodinate Court convicted and imposed a heavy fine on him.

He added that arising from the conviction, Mr Kalusa appealed to the High Court which quashed the conviction as there was no sufficient evidence to support the conviction.

Mr Kalusa indicated that in quashing the conviction, the court ordered that the fine imposed on him, a convict then, be refunded to him from the time of arrest, trial and conviction as he had suffered the humiliation, embarrassment, torment, isolation by society and was viewed  as a violent and useless person in society.

He contended that despite the acquittal he had continued to suffer embarrassment, humiliation and lost dignity as he was was viewed by society as a rapist and a violent person especially towards the female gender.

Mr Kalusa contended that he was a manager in a parastatal company and remained a politician whose future had been ruined and dented by the malicious prosecution he was undergoing and that it would remain so for the rest of his life

Categorized | Court News

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