By GRACE CHAILE
TRANSPORT and Logistics minister, Frank Tayali, is not entitled to damages for aggravated assault as no police officer pointed a gun at him as alleged, Attorney General, Mulilo Kabesha has contended.
In this matter, Mr Tayali, sued the Attorney General, in the Lusaka High Court, claiming he was assaulted by a police officer in 2020.
He alleged that he was assaulted by an “overzealous” police officer who pointed an AK47 rifle at his head when he accompanied President Hakainde Hichilema, as UPND opposition leader then, for questioning.
Mr Tayali, who is Ndola Central Member of Parliament, also wants the State to award him interest on the sums payable to him at the current bank lending rate.
In defence, Mr Kabesha denied claims by the Minister, that he was assaulted by an overzealous police officer.
He explained that on the fateful day, the police officer referred to drove ahead of the convoy and blocked the way at the entrance to Cabinet Office to allow one vehicle to pass at a time before proceeding to the police service headquarters.
The Attorney General stated the said officer with his firearm stood on the side of the road to be visible to the convoy behind.
“Further, the defendant shall aver that after the convoy stopped, the plaintiff (Mr Tayali) disembarked from his vehicle, approached the police officer and introduced himself as legal counsel.
“At the same moment, a group of cadres who were in the convoy also disembarked from their van and started advancing towards the police officer. The police officer ordered the unruly cadres to stop and remain in their vehicles, but they ignored the order and kept on advancing towards the police officer who was standing next to the plaintiff,” he stated.
Mr Kabesha said that the officer only pointed the gun at the unruly cadres to dissuade them from advancing any further towards him and the plaintiff.
“In the premises, the defendant denies that the police officer referred to assaulted or pointed a gun at the plaintiff, whether as alleged or at all. The defendant denies that the plaintiff is entitled to any reliefs sought,” he submitted.
