By 
A mother has sued the State, seeking K1.5 million in compensation on behalf of her minor son, whom she alleged was unlawfully detained at Matero Police Station for more than a month.
According to court documents filed before the High Court, the woman, acting as guardian and next friend of the child, claims her son was arrested by police officers in January 2024 under unclear circumstances and subsequently detained at Matero Police Station.
The mother alleged that despite being a minor, the boy was held in the same cells as adult detainees and was repeatedly denied police bond, even though relatives and other traceable sureties were available and willing to secure his release.
She further claimed that the family members were prevented from delivering food to the child while he was in custody, resulting in a deterioration of his health and causing him to become ill during the period of detention.
According to the lawsuit, the boy was not brought before a court within the constitutionally prescribed 48-hour period. Instead, he allegedly remained in police custody for more than a month without the matter being properly pursued through the courts.
The mother stated that the prolonged detention prompted her to seek legal intervention, leading to the issuance of a writ of habeas corpus against a senior investigating officer at Matero Police Station. The writ required the officer to appear before the High Court together with the child.
However, she alleged that neither the officer nor the child appeared before the court on the scheduled hearing date. Court records indicated that the boy was only released later that evening after spending more than a month in detention.
The woman further stated that she was subsequently informed that her son had been charged with malicious damage, theft and assault, offences she notes are bailable. She also claimed that during an identification parade, a key witness failed to identify the child as a suspect.
In her statement of claim, the mother contended that the detention was unlawful and violated child protection laws and constitutional safeguards. She argued that the ordeal subjected her son to emotional distress, mental anguish and disruption of his education.
She is seeking damages for false imprisonment, compensation for pain and suffering, aggravated damages, and legal costs.
The State is yet to file its response to the claims.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments