Kelson Gani who was arrested in connection to the shooting of former budget director Paul Mphwiyo is taking legal action against the former Director of Public Prosecution Bruno Kalemba for false imprisonment, Nyasa Times has learnt.
At the time of arrest in 2013 Gani was serving as a Police Officer of the rank of Sergeant and based at VIP Section at Police Headquarters in Lilongwe and assigned as a bodyguard to the former Minister of Justice, Kasambara until minister’s dismissal from cabinet October, 2013.
According to the High Court documents Gani was arrested on November 10 whilst on duty and in Police uniform by fellow Police Officers led by Senior Assistant Commissioner of Police, Mr. Chima on allegations that he had attempted to kill Paul Mphwiyo and was thrown into Police cell at Lingadzi Police Station.
“The said arrest of [Gani] by the said Police officers was wrongful, unlawful and malicious as it was not based on any suspicion but a ploy to seek the cooperation of [Gani] to falsely implicate the said Raphael Kasambara, SC on allegations that the latter had attempted to shoot Paul Mphwiyo,” reads the court document.
Gani was denied bail and remained detained at Maula Maximum Prison until the 14th December, 2013 when he was released following the filing of Notice of Discontinuance by the Director of Public Prosecutions.
“The Plaintiff (Gani) incurred the sum of K1, 250,000.00 being the legal fees to lawyers to process his bail and defense in the Court. During the period the Plaintiff was detained at Maula Prison, his Lawyers attempted to apply to the High Court for bail but the Defendant acting as Director of Public Prosecutions vigorously and maliciously opposed bail when he knew that he had no probable or reasonable evidence against the Plaintif,” reads the court document.
Ganis’ lawyer Kasambara says his client claim damages for false imprisonment on the footing of aggravated and exemplary damages; Damages for malicious prosecution on the footing of aggravated and exemplary damages; The sum of K1, 250,000.00 as special damages being legal fees incurred in defending the matter, and General damages for the tort of misfeasance in public office on the footing of aggravated and exemplary damages and costs of this action.
According to a sworn affidavit by Gani, detectives Makwinja, Chilinda and Chaima threatened Gani to lie that he had lent his gun to Kasambara which they allege was used in the shooting of Mphwiyo.
Gani was arrested on or about November 10, 2013, immediately after the arrest of Kasambara on November 8, 2013 and Pika Manondo, Mphwiyo’s best friend, who handed himself to police a day earlier.
Police had placed Manondo, who was then outside the country, on interpol’s wanted list in connection with the shooting of Mphwiyo, who was shot at the entrance of is gate on the night of 13th September 2013.
Police also unsuccessfully attempted to coerce Manondo to implicate Kasambara.
Manondo is on record saying he will reveal how certain influential people managed to abuse the Integrated Financial Management Information System (Ifmis) to siphon billions of kwacha from government coffers.
Kasambara, one of the country’s prominent lawyers and a senior counsel (SC),Pika and his brother Dauka Manondo are being prosecuted for attempting to murder Mphwiyo which the deny the charges.Follow and Subscribe Nyasa TV :