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| National |
| Govt denies wrong-doing against Nembo |
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by
Emmanuel Muwamba, 18 April 2007
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01:59:18
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Government has denied allegations that businessman Rashid Nembo, who was recently acquitted in the treason case involving Vice-President Cassim Chilumpha, was unlawfully arrested and defamed through numerous publications of his arrest.
Nembo was arrested alongside Chilumpha and another businessman Yusuf Matumula on April 28 last year on allegations of treason and conspiracy to murder President Bingu wa Mutharika. Last month, he sued government for unlawful arrest and defamation.
In a statement filed against Nembo’s summons, government says it denies all Nembo’s allegations.
Nembo wants government to compensate him for general damages for false imprisonment for a period of 18 days; aggravated and exemplary damages for malicious prosecution; aggravated and exemplary damages for defamation and costs for the court’s action.
However, in a statement of defence filed in the High Court in Blantyre by chief state advocate Rosemary Kanyuka, government denies that the arrest was unlawful and “without reasonable and probable cause”.
“The defendant avers that it had reasonable and probable cause to make the arrest. The defendant avers that the plaintiff [Nembo] was arrested on reasonable suspicion of having committed a crime,” filed Kanyuka.
Government has also denied that it falsely imprisoned Nembo for 18 days or 432 hours and that it put him under very harsh conditions. Government says it is not liable for damages for false imprisonment because Nembo was suspected of having committed criminal offences.
Government has also denied that the charges it brought against Nembo were malicious. It has also denied being liable for aggravated and exemplary damages for malicious prosecution.
The State, which also arrested eight others whose charges were dropped, has parried away allegations that through Nembo’s arrest, his personal reputation as a businessman and politician was seriously injured and that he suffered grave distress, humiliation and enstrangement. Nembo claimed he was brought into public scandal and contempt through the arrest.
“The defendant denies each and every allegation made therein as if the same was traversed in seriatim. The defendant claims costs of this action,” reads the government statement.
It is not yet established when the case will go to court for hearing.
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