TRACY SIHLE HARRY
MINISTER OF HOME AFFAIRS
COMMISSIONER OF POLICE
HIGH COURT OF ZIMBABWE
HARARE, 8 February 2018 & 8 August 2018
Civil Trial: damages for wrongful arrest and malicious prosecution
T Gombiro, for the plaintiff
T Mutomba, for the defendants
MUSHORE J: This is a claim for damages for unlawful arrest and malicious prosecution. Plaintiff is a 26 year old fashion model who had a thriving modelling career and had a part-time business as a Master of Ceremonies. She was also employed on a part-time basis as a show presenter on national television. This is the status in society which plaintiff enjoyed by her own hard work until the first defendant, one Tracy Shile caused her arrest and instigated her prosecution for allegedly infecting first defendant’s minor child, aged two years, with HIV. First defendant also reported that plaintiff had also physically assaulted her minor child and also made the minor child drink urine, when the child’s father was looking after the child.
Plaintiff is suing for damages for unlawful arrest and malicious prosecution and pain and suffering as a consequence of the unlawful arrest and malicious prosecution.
The plaintiff testified that sometime in February 2016, she received a telephone call from an uncle of hers during which her uncle informed her that there was an unflattering article