Not guilty! That would be the verdict expected when accused persons are asked to investigate their misdeeds. And that’s exactly what happened in court last Friday.
The Attorney General’s Office asked the police to present a report on what led to 24 people sustaining injuries after being detained in connection with the death of a police officer last month.
This followed an order by Magistrate Shane Kubonera, who gave the State until last week to conduct “an impartial investigation” on what caused the injuries. “The accused persons were never assaulted by the police during and after their arrest. It is from out of this world to say police over and above the baton sticks, had sticks that they used to assault the accused persons. This is nothing but an amplified lie,” reads a report compiled by the police.
State prosecutor Edmore Nyazamba read the police report in court. The suspects, who are this week expecting a verdict on their High Court bail application, had shown the Magistrate their injuries and bruises which they said had been inflicted by the police, forcing him to order an investigation.
“There is no evidence of assaults by the police,” said Nyazamba as he wound up his submissions, leaving the packed courtroom in stitches. Most of the people in the public gallery were part of the drama two weeks earlier. They were there when there was silence in court. The suspects brought silence as they entered the court showing deep pain.
The Legal Monitor team was there to witness this. The suspects took turns to show their injuries to the magistrate. Tungamirai Madzokere, a councillor in Glen View, showed a deep cut on his left leg and swollen hands, while his eyes had bloodstains. Last Friday Clr Madzokere’s limp cut might have shown signs of recovery but his left eye was still to clear the bloodstains.
“He has begged me to tell you (Magistrate) that he has worse bruises on his belly and buttocks which he is only prepared to show you but not in court,” said Charles Kwaramba, one of the lawyers who represented the torture victims together with Marufu Mandevere and Jeremiah Bamu.
On the same day, Yvonne Musarurwa, struggled to walk into the courtroom. From the public gallery one could clearly see that Musarurwa had swollen hands and face. Cynthia Manjoro had swollen knees and was visibly in pain. Kwaramba said police had assaulted Manjoro on the knees so that she could reveal her boyfriend’s location.
But last Friday, Nyazamba had forgotten about that evidence. Hardly surprising. Two weeks back he had denied the existence of injuries despite the suspects having presented their case in his presence. Probably Kwaramba was prophetic when two weeks ago he said: “We knew the State would say that. We will leave it in the hands of the court to determine if what you saw is our own creation. We knew he (Nyazamba) would say that. That is why we asked these people to show you the injuries they sustained,” said Kwaramba two weeks back, much to the delight of the people in the gallery.
On Friday, Magistrate Kubonera said he would respond to the AG Office’s report done by the police after the defence team submitted its response. But on Friday, Bamu had no kind words for the report. “We are not satisfied that this is an accurate and an impartial report. We have noted several defects in the report. We need time to consider it. We shall be filing our response by 24 June,” said Bamu.
Kubonera had ordered that the suspects be examined and treated for the injuries suffered as a result of the torture as a matter of urgency. On Friday, Mandevere said prison medical staff had only examined his clients to produce a medical report.
“The State is reluctant to produce that report. We do not know why they are refusing to give us medical affidavits. This is crucial to us,” said Mandevere. Nyazamba responded saying the correspondence from the Zimbabwe Prisons Services about the medical situation was still in his boss’ office.
He said: “I am prepared to bring the report at the next remand date.” But Bamu would not have anything of that. “What is perplexing is that at initial remand, not only did the State make an undertaking to submit the report on or before today. Your Worship what the State is seeking is illegal. It cannot be given a remand date when it has failed to comply with a preparatory order linked with the incarceration of the accused,” said the tough but soft-spoken Bamu. He added that the State was in contempt of court.
It was at that stage that Nyazamba backed down and said he was prepared to present a “preliminary report” if he was given about two hours. And when the “preliminary report” eventually came, he said it was a final report.
Post published in: Politics