AG, Police dragged to court
Widow to Lule Buleya, Charity Lule, has dragged to court Attorney General (AG) and Malawi Police Service (MPS) for failing to meet her K250 million demand as compensation following the death of her husband in police custody in February this year.
According to court summons in our possession filed through her lawyer George Kadzipatike of Jivason and Company, Lule is, among others, demanding damages for loss of expectation of life and damages for loss of dependency.
“Damages for breach and arbitrary deprivation of constitutional right to life and human dignity, reimbursement of funeral and all attendant expenses; and costs of the action,” reads part of the court documents.
In an interview with Malawi News Tuesday, Kadzipatike confirmed to have served the summons at the AG’s office.
In the summons, Lule is also demanding the AG and MPS to either satisfy the claim or file the court with a defence and list of documents within 28 days upon being served the summons.
“Take notice that if you fail to satisfy the claim or to file a defence and list of documents or to return the Response within the time stated, or to file defence and list of documents or to return the response without stating an intention to contest the proceedings, the claimant may proceed with the claim and judgment may be entered against you without further notice,” it reads.
Efforts to speak to the AG proved futile as he could not pick up his mobile phone.
Lule died in police custody on February 20 2019; two days after police arrested him in connection to the abduction and missing of a boy with albinism Goodson Fanizo from Makanjira Village in Dedza.
A forensic autopsy report by Malawi’s top pathologist Charles Dzamalala which was released on April 12 2019 showed that the primary cause of death was electrocution, aside the various assaults with different implements.
Former Inspector General of Police Rodney Jose was tight-lipped on the contents of the report they submitted to the office of the AG following their investigations done as recommended by Malawi Human Rights Commission (MHRC).
MHRC indicated that Lule suffered torture and inhumane treatment at the hands of the police during the time he was taken from the Lilongwe Magistrate’s Court through Lilongwe Police Station to Kamuzu Central Hospital where he was pronounced dead.
The commission thus recommended investigations on implicated police officers.
