JUSTICE Minister Raphael Kasambara has sued top police officers for detaining him on a kidnapping charge despite being granted bail by the Blantyre Magistrate's Court and a release order from the High Court.
The officials sued are Head of Criminal Investigations Lexa Chalera, Southern Region Commissioner of Police Rodney Jose, Head of Criminal Investigations in the Southern Region a Mr. F B Mkuka and Urban Criminal Investigations Officer Carolyn Jere.
Kasambara has sued the top cops in their individual capacities, which means they have to seek their own legal representation in court.
The officers are accused of defying court orders basing on various roles they played in Kasambara's further detention despite bail relief from the courts, court papers filed at the High Court in Blantyre on Monday last week say.
Affidavits filed in support of the application indicate that Kasambara, Brian Magoya, Arthur Chikankheni, Ali Kaka, Mayamiko Kaanga and Patrick Gadama were arrested on February 13, 2012 and charged with kidnapping and wounding occasioning bodily harm.
The affidavits further show that though Magistrate Innocent Nebi of the Blantyre Senior Resident Magistrates Court granted bail to have the six released, Jose while releasing the five on February 14, 2012 further detained Kasambara demanding a release order.
Though he was released on February 15, 2012 upon getting a court order, the affidavits say two hours later 30 police officers led by Chalera, Mkuka and Jere rearrested Kasambara at his Nyambadwe residence, saying the release order was obtained nonprocedurally.