By Mwaka Ndawa
STATE house media director Clayson Hamasaka has asked the Lusaka High Court to enter judgement in default against the state in a matter where he has sued it for false imprisonment on allegations of drug peddling, defamation of the president and seditious practices.
He wants the court to compel the state to award him damages for malicious and wrongful prosecution, and false imprisonment as well as compensate him for lost personal items during his persecution owing to its failure to file a defence in relation to his claims.
In an affidavit in support of summons to enter judgement in default of appearance and defence, Hamasaka said on October 21, 2021, he commenced an action against the state and served it summons on October 22, 2021.
He said the defendant was required to enter appearance within 14 days of issuance of the writ, but that to date nothing has been filed or served on his lawyers.
“My advocates gave the defendants notice of our intention to enter judgement in default, with a reminder to it to file the same if any, on December 1, 2021 but to no avail,” Hamasaka said.
In his claim, Hamasaka said on July 9, 2013, he was subjected to an arbitrary house and personal search at plot number 12246 Woodlands Extension in Lusaka by a combined team of Drug Enforcement Commission and Zambia Police officers, among other law enforcement agencies.
He said according to the search warrant, the officers were looking for drugs and other illegal substances which he was accused of dealing in.
Hamasaka said after the search, which lasted between 23:00 hours on July 9, 2013 and 05:00 hours the following day, the officers grabbed computers, phones, a firearm, home entertainment equipment and many other items from him.
“The plaintiff was detained at Woodlands police station in a very filthy and inhabitable cell for about two days, firstly on a charge of defamation of the President and later on a charge of seditious practices,” Hamasaka said. “The plaintiff was later released from police custody on police bond but arraigned before the magistrates court on a charge of being in possession of obscene materials for which after standing trial, he was acquitted on August 11, 2015.”
Hamasaka a former lecturer and head of media studies at Evelyn Hone College of Applied Arts and Commerce, contended that his arrest and prosecution for drug trafficking, defamation of the president and seditious practices was widely publicised in print and electronic media both locally and internationally, leading to his dismissal from employment.
He said following his dismissal from employment his clients and business associates began to shun him, which caused business to suffer financial loss.
Hamasaka who is now State House media director said he has suffered damage and injury, loss of earning capacity of business, injury to his personal credibility, physical and emotional pain during his detention in police cells where he was abused and assaulted by inmates.
Hamasaka added that he was caused embarrassment and humiliation by the state for portraying him as a criminal in the presence of his family, friends and members of the public.