March 2007
Discharged Man Threatens To Sue For Compensation
By Perpetual Sichikwenkwe
A Kitwe resident, who accused two police officers of re-arresting him on a charge of defilement after another officer had released him on grounds of insufficient evidence, is seeking compensation for illegal detention and prosecution.
Gershom Sikalumba, who has since been discharged of the offence, said he wants to sue the officers and the state for malicious prosecution, especially that the two officers re-arrested him and accused him of escaping from police custody despite being released by another officer due to lack of evidence.
Sikalumba complained to Legal Resources Foundation (LRF) Kitwe paralegal Namwiinga Moyo that on May 16, 2005 he was arrested on a charge of defilement and was taken to Kitwe Central Police Station on May 18, 2005 until May 27 when he was released by sergeant Nyambe because there was no evidence to link him to the case.
However, on June 10, 2006 Sikalumba was re-arrested by two armed police officers. They told him that they have been looking for him because he had allegedly escaped from prison. He alleged that he tried to explain to the officers that he was released on grounds of insufficient evidence but the officers bundled him in the vehicle and took to him to Kitwe Central Police Station where he was charged with escaping from lawful custody and resumed the defilement charge.
When Sikalumba appeared in court on a charge of escaping from lawful custody, he denied the charge and was later acquitted on August 13, 2006.
On the defilement charge, Sikalumba appeared in court on May 25, 2006 and continued appearing but the complainant never appeared in court. A bench warrant was issued but to no avail. In August 2006, Honorable Chibwe where Sikalumba was appearing went away and Sikalumbqa never appeared in any court.
Moyo made a follow up with the District Prosecutions Officer (DPO) where she was told that Sikalumba would be allocated another magistrate.
But that never happened and Sikalumba was made to appear in court as soon as honorable Chibwe came back.
On February 22 2007 he was discharged of the charge.