Biti Files $15 Million Lawsuit Against Tatiana Aleshina and ZRP.

 
 
By Anyway Yotamu.
HARARE – MDC Alliance vice president Tendai Biti’s lawyer has filed a Zwl$ 15 million lawsuit against the lady who pressed assault charges against him and also cited three Zimbabwe Republic Police (ZRP) officers from the Law and Order division for wrongful arrest, detention and malicious actions.
Biti was arrested on the 5th of December 2020 allegations of insulting Tatiana Aleshina after he allegedly called her ‘stupid’ in an exchange of words at the Harare Magistrates Court in November.

Tatiana Aleshina
Through his lawyer Mbizvo, Muchadehama, Makoni legal Practitioners Biti said the arrest, detention and malicious actions was wrongful as he never called Aleshina stupid as alleged. He has since approached the High Court.
According to the Court Application seen by this publication under case number HC7665/220 dated December 24th 2020, the 1st defendant is Tatiana Aleshina a Ukrainian national , 2nd defendant Detective Inspector Garauzive, Detective Chief Inspector Chibaya , Constable Sydney Ndlovu who are members of the ZRP law and order division at Harare Central Police Station.
“On or around the 30th of November 2020, 1st defendant made a false , wrong and malicious report to Zimbabwe Republic Police alleging that the Plaintiff had assaulted her by uttering the following words “You Tatiana you are stupid , very stupid, stupid, stupid, idiot”.
“Notwithstanding the fact that the complaint, even if true ( a point made but heavily contested) was trivial, frivolous and at most a criminal nuisance the 1st defendant appointed 2nd defendant as an investigating officer in the matter. Between the 1st of December 2020 and the 4th of December, the 1st defendant maliciously tried to arrest the plaintiff by raiding the Plaintiff law firm at 28 Rowland Square, Milton Park, Harare, visiting and harassing the Plaintiff mother at 2 Poland Way, Glen Lorne, Harare “, read the Court documents.
Biti wants expenses he incurred in defending himself against the charges for, deprivation of freedom, damages for contumelia and injury to feelings and dignity as a result of wrongful and unlawful detention.
“On December 5 2020, Biti was detained after he presented himself at Harare Central Police Station Law and Order Department”.
“By 1pm the 1st Defendant had completed the recording of a warned and cautioned statement and had completed all formalities but despite this, the 1st and 2nd Defendants did not, (a) Afford the Plaintiff the opportunity of paying an admission of guilty fine given the triviality of the charge; and (b) Take the Plaintiff to Court for timeous remand process,”
Biti also said that the Defendants actions in detaining him were wrongly and malicious when there was sufficient time for the same to take the matter to Court where the Plaintiff could have been released on bail or otherwise detaining the Plaintiff under the circumstances where Covid-19 exists.
The lawyers argue that Biti was subjected to detention conditions characterised by lack of running water, overcrowding and lack of social distancing with over fifty two (52) inmates detained in the particular night, lack of beds or proper bedding and existence of mosquitoes, love and other threats to the Plaintiff’s health.
“The Defendants actions were unconstitutional and represented a breach and invasion of his constitutional rights, particularly the right to human dignity as protected by section 51 of the Constitution of Zimbabwe, a breach and assailed right to be subjected to torture, cruel and degrading treatment as protected by section 53 of the Constitution of Zimbabwe and breach assailed right to personal liberty as protected by section 49 of the Constitution of Zimbabwe,” said Biti.
 
Biti was detained in custody overnight and appeared in Court on the 6th of December 2020, and freed on ZW$ 10 000 bail.

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