A LUSAKA woman who has sued the State for unlawful imprisonment after she was accused of having caused the death of her husband in 2016, has applied for leave of the Lusaka High Court to enter judgement in default of appearance and defence against the State.
Jacqueline Mwiindwa was accused of causing the death her husband Kofi Milumbe by allegedly running over him with her vehicle but High Court judge Charles Chanda acquitted her of the charge of murder at no case to answer stage, in August 2017.
But this year, Mwiindwa sued the Attorney General in the Lusaka High Court, seeking damages for malicious prosecution, loss of employment, mental distress, interest and costs.
She has now applied for leave of the Lusaka High Court to enter judgement in default of appearance and defence against the State.
According to an affidavit in support of summons for leave to enter interlocutory judgement filed recently, Mwiindwa stated that on August 31, this year, she commenced legal proceedings against the Attorney General and served him with the writ of summons and statement of claim on September 23, 2020.
She stated that the Attorney General was within 14 day of the writ required to filed a memorandum of appearance and defence but to date the defendant had not filed the said memorandum of appearance and defence.
Mwiindwa had stated in her statement of claim that on October 28, 2016 around 20:00 hours, she was detained at Makeni Police Station without being told the reason.
She stated that while she was in detention, she was informed by the officer who was on duty that Milumbe (her husband) was found lying dead on Bayuni road in Makeni.
Mwiindwa further stated that at the time of her detention her motor vehicle was parked at the police, adding that she was arrested on November 4, 2016 and later on November 14, 2016 was charged for the murder of her husband.
She added at the time of her arrest she was employed by Focus Life Assurance.
Mwiindwa stated that she was detained at Lusaka Correctional Facility until she appeared in the Subordinate Court, adding that she was eventually tried at the High Court after the Director of Public Prosecution committed her for trial.
She stated that she was on August 31, 2017 acquitted by Justice Chanda after he established on case to answer stage that she was not connected to the murder.
Mwiindwa lamented that she was denied an opportunity to mourn and attend the burial of her husband.
In August 2017, High Court judge Charles Chanda set Jacqueline free saying there was no evidence implicating her to death of her deceased’s husband.
The judge ruled that Milumbe did not sustain any injuries whilst holding on to the moving vehicle.
The court further said officers did not find blood on Jacqueline’s car as the occupants of the said car denied that the accused hit her husband.
Justice Chanda said Milumbe died as a result of a road traffic accident of which the blood spots where found next to where the deceased was laying.
The court further noted that the fractured leg that the accused sustained would only be caused by an accident.
He said the arresting officer drew an inference without investigating the matter which was a dangerous move.
Judge Chanda said there was no evidence to prove that Mwiindwa killed her husband on October 28, 2016.