Africa-Press – Zambia. THE Lusaka High Court has ordered that State House chief communications specialist Clayson Hamasaka be compensated by the State for his malicious prosecution in 2013, which resulted into him losing employment and business.
Judge Mary Mapani-Kawimbe said Hamasaka’s arrest by the Drug Enforcement Commission (DEC) for drug peddling, defamation of the president, seditious practices and being in posession of obscene materials with intent to corrupt morals, was ill motivated because there was no complaint.
Hamasaka had sued the State seeking remuneration for wrongful prosecution, false imprisonment, lost items and loss of business and employment as a lecturer at Evelyn Hone College, on trumped up charges.
In her judgement judge Kawimbe said the search of Hamasaka’s house and personal belongings was intended to recover the alleged drugs and the officers extended the search for evidince of defamation of the president which was not within their mandate.
“While the search was done under warrant and within the bounds of the law, the charges of other offences in the opinion of the court, the search was laced malicious intent and as such I find that the critical ingredient of malicious intent had been established,” she said.
Judge Kawimbe noted that the DEC and the police acted dishonestly or erroneously because there was no case against Hamasaka compared to their actions which were ill willed as the information that the officers acted on did not disclose the source and basis upon which they were compelled to act.
“The plaintiff’s prosecution could be described as malicious because the officers could not be said to have believed that he committed the offence he was tried for and subsequently acquitted of. He has proved his claim. Consequently I award the plaintiff damages, although he had asked in his global claim of …, instead I shall grant him an opportunity before the registrar to present invoices receipts or payslips or other form of proof to substantiate his claim,” she said.
The court said Hamasaka’s evidence is not contested and the articles produced as evidence written by Daily Nation, Proud Aushi Musamba and other media outlets arose out of the State’s actions and are libelous and as a result he lost employment and business opportunity that earned him income.
“I consequently hold that the plaintiff’s claim for defamation is sucessful. However, it shall be assesed by the learned district registrar,” said judge Kawimbe
“The plaintiff suceeds in all his claims against the defendant costs are awarded to the plaintiff to be taxed in default of agreement.”
In October 2021, Hamasaka sued the state in the Lusaka High Court for false imprisonment on allegations of drug peddling, defamation of the president and seditious practices.
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