Police ordered to pay back $1,5m exhibit money

By Fungi Kwaramba

High Court judge Joseph Musakwa yesterday ordered the police to reimburse a Mutare-based businessman $1, 5 million — equivalent to Z$46 billion — which they seized from him following his 2008 arrest on theft charges.

This comes after Tendai Blessing Mangwiro won a Supreme Court application to be paid back the money following his acquittal in 2012.

Mangwiro filed a Supreme Court appeal after the High Court initially dismissed his claim.

Supreme Court judges — Elizabeth Gwaunza, Ben Hlatshwayo and Bharat Patel – however, unanimously agreed to have the police pay back Mangwiro.

The judges further ordered for the matter to be sent back to the High Court for it to deal with the issue of quantification, which culminated in yesterday’s ruling.

The Supreme Court had also given a directive for the High Court to quantify Mangwiro’s claim and compensate him “justifiably, realistically and adequately”.

According to court papers, the money, which was held by the police as exhibit, was reportedly given to the then complainant Andrea Nsaka Nsaka, while Mangwiro was in custody.

In the application Mangwiro, through his lawyer Tawanda Zhuwarara, cited Home Affairs minister Ignatius Chombo, police chief Augustine Chihuri, officer in charge CID suspects at Harare Central Police Station and detective inspector Mukambi as respondents.

According to the court papers, Mangwiro said that the police seized $78 900, Z$46 135 000 000, which he said was equivalent to US$1 537 837, 33 and two vehicles.

Mangwiro has since won a High Court order for the re-imbursement of $78 900, while the two vehicles were released in 2008.

The police is yet to pay back the $78 900. Daily News