The High Court has overturned a judge’s decision to award $300,000 compensation to Harare lawyer Tariro Paul Mashiredza, charged with intentional arrest.
Two of Mashiredza’s clients accused him of theft of trust property after he diverted US$2,279 given to Daniel Musosa and Teresa Shamu, whom he represented, into his trust fund with CABS in 2019.
The bank issued local currency instead of US dollars.
Musosa and Shamu notified both Mashiredza and the bank, but the matter was not rectified for 18 months.
The two then reported Mashiredza to the Law Society of Zimbabwe (LSZ) before causing his arrest and prosecution.
The bank later acquitted Mashiredza, and the National Prosecuting Authority declined to prosecute the matter, stating that it was a clear error in the banking system.
The Court of First Instance held that there was no need for Musosa and Shamu to cause malicious arrest and prosecution when LSZ was handling the matter.
Mashiredza filed a claim for intentional arrest and was awarded $300,000 for it.
However, Musosa and Shamu appealed to the Supreme Court on the grounds that they were entitled to report on the lawyer’s conduct.
Judge Gladys Muhuri upheld the appeal and agreed that the couple had probable cause to report the attorney.
Judge Muhuri said the judge was mistaken in believing that the duo had acted intentionally.
“Musa and Shamu engaged lawyer Mashiredza without success. They were able to get their money one year and six months later after the police clash.
“In light of the above, we are of the view that Musosa and Shamu have demonstrated that they had reasonable and probable cause to file a report with the police.
“The court therefore erred in reaching the conclusion that there was no reasonable and probable cause to make a report to the police.
“In these circumstances we find that the appeal is merited and we grant it.
“Advocate Mashiredza’s claim is dismissed with costs,” the ruling stated. h metro
