HARARE – A man arrested on fraud allegations and then freed without charge is suing the police after he failed to get back US$23,940 seized from him.
Desire Tevera, in a High Court lawsuit filed on Tuesday, says police legally had 21 days to charge him, or return his money being held as an exhibit.
He is now suing police commissioner general Godwin Matanga and a detective sergeant Madhibha of Chipinge CID to recover his money.
Tevera says in the High Court filing: “On April 5, 2020, police officers in Chipinge from the Criminal Investigations Department (CID) seized and took possession of my money being US$23,940. The police alleged verbally to me that my money was seized in connection with a fraud case.
“I sought from the police officers clearer details of the alleged fraud as I was not aware of any fraud I had committed. I had anticipated that I was going to be summoned to court or I was going to be advised of a trial date.
“I made several attempts to get clearer details and it came as a surprise when police officers advised me that I was now required to appear as a witness in a case of fraud. This meant that I had been turned to a witness from being an accused person. That discovery made me realise that the allegations of fraud remain a bald allegation.”
He said 15 months have lapsed from the day his money was seized and he is yet to get it back.
“The seizure, retention and disposal of property is governed by statute from section 49 up to 64 of the Criminal Procedure and Evidence Act,” he says.
“The Act in section 49 specifies that a person from whom an article is seized must be issued with a receipt. However, after the receipt is issued the police must ensure that within 21 working days from the date… they would have brought the matter for prosecution, and failure to do so would result in the return of the exhibit seized.
“Now in this case, the 21 working days have lapsed as it is over 15 months from the time my property was seized.”
The matter is pending.
