News / National
Cop molests boss
24 Jun 2019 at 09:36hrs | Views
A BULAWAYO-based traffic cop indecently assaulted his uniformed female boss when he grabbed her by the waist before squeezing up against her body in a sexually suggestive manner in full view of other police officers.
The incident occurred almost two years ago at the Bulawayo Central Traffic Police Station (Drill Hall).
Some of the police officers who witnessed the spectacle took pictures and circulated them on social media. This emerged when sergeant Baliko Muhango (36) of Pumula South suburb approached the High Court last week challenging the outcome of an internal disciplinary hearing.
Sgt Muhango filed an application at the Bulawayo High Court challenging the decision by his bosses to convict him under the Police Act. In papers before the court, Sgt Muhango, who is a self actor, cited Police Commissioner-General Godwin Matanga, Home Affairs and Cultural Heritage Minister Cain Mathema and the trial officer only identified as superintendent Z Mutize as respondents.
Sgt Muhango is seeking an order nullifying his conviction and sentence, arguing that it was grossly irregular and not in accordance with substantial justice. This follows the dismissal of his appeal against conviction and sentence by Comm-Gen Matanga. Sgt Muhango was convicted for contravening a section of the Police Act (acting in an unbecoming or disorderly manner or in any manner prejudicial to good order or discipline or reasonably likely to bring discredit to the police service) by Supt Mutize and fined $5.
Aggrieved by both conviction and sentence, Sgt Muhango appealed to Comm-Gen Matanga, arguing that the trial officer misdirected himself and erred by attaching too much weight on the evidence of a State witness who had an interest in the matter. He argued that the State failed to prove its case beyond reasonable doubt. Comm-Gen Matanga dismissed Sgt Muhango's appeal prompting him to approach the High Court for review.
In his founding affidavit, Sgt Muhango said the decision by Comm-Gen Matanga to uphold the decision of the trial officer was inconsistent with the interests of justice. He said the trial officer relied on the evidence, which was not credible and further argued that he failed to address the real and substantial issues in his response to his notice of appeal.
"The first respondent (Comm-Gen Matanga) admitted when he heard my appeal that the evidence of the witnesses was not credible and as such was a hearsay. Notwithstanding these glaring inadequacies in the State case, the first respondent went on to confirm the proceedings," argued Sgt Muhango.
"Considering all the facts surrounding my trial, conviction and sentence and subsequent confirmation of this decision, I wish to attest that there was a travesty of justice."
According to court papers, it was stated that on December 27, 2017 at around 7.46AM, the complainant who holds a rank of a Sergeant Major, was at the Drill Hall charge office in police uniform intending to declare her cash when Sgt Muhango, also in police uniform, approached her from behind.
Sgt Muhango grabbed the female cop by the waist in a romantic manner without her consent and rubbed his body against her buttocks.
The complainant tried to free herself, but Sgt Muhango tightened his grip on her. A colleague tried to intervene but failed and the two cops continued to wrestle until the complainant eventually managed to disentangle herself.
One of the cops who witnessed the spectacle took pictures as the drama unfolded and circulated them on their WhatsApp groups. The complainant reported the matter to her superiors.
The incident occurred almost two years ago at the Bulawayo Central Traffic Police Station (Drill Hall).
Some of the police officers who witnessed the spectacle took pictures and circulated them on social media. This emerged when sergeant Baliko Muhango (36) of Pumula South suburb approached the High Court last week challenging the outcome of an internal disciplinary hearing.
Sgt Muhango filed an application at the Bulawayo High Court challenging the decision by his bosses to convict him under the Police Act. In papers before the court, Sgt Muhango, who is a self actor, cited Police Commissioner-General Godwin Matanga, Home Affairs and Cultural Heritage Minister Cain Mathema and the trial officer only identified as superintendent Z Mutize as respondents.
Sgt Muhango is seeking an order nullifying his conviction and sentence, arguing that it was grossly irregular and not in accordance with substantial justice. This follows the dismissal of his appeal against conviction and sentence by Comm-Gen Matanga. Sgt Muhango was convicted for contravening a section of the Police Act (acting in an unbecoming or disorderly manner or in any manner prejudicial to good order or discipline or reasonably likely to bring discredit to the police service) by Supt Mutize and fined $5.
Aggrieved by both conviction and sentence, Sgt Muhango appealed to Comm-Gen Matanga, arguing that the trial officer misdirected himself and erred by attaching too much weight on the evidence of a State witness who had an interest in the matter. He argued that the State failed to prove its case beyond reasonable doubt. Comm-Gen Matanga dismissed Sgt Muhango's appeal prompting him to approach the High Court for review.
In his founding affidavit, Sgt Muhango said the decision by Comm-Gen Matanga to uphold the decision of the trial officer was inconsistent with the interests of justice. He said the trial officer relied on the evidence, which was not credible and further argued that he failed to address the real and substantial issues in his response to his notice of appeal.
"The first respondent (Comm-Gen Matanga) admitted when he heard my appeal that the evidence of the witnesses was not credible and as such was a hearsay. Notwithstanding these glaring inadequacies in the State case, the first respondent went on to confirm the proceedings," argued Sgt Muhango.
"Considering all the facts surrounding my trial, conviction and sentence and subsequent confirmation of this decision, I wish to attest that there was a travesty of justice."
According to court papers, it was stated that on December 27, 2017 at around 7.46AM, the complainant who holds a rank of a Sergeant Major, was at the Drill Hall charge office in police uniform intending to declare her cash when Sgt Muhango, also in police uniform, approached her from behind.
Sgt Muhango grabbed the female cop by the waist in a romantic manner without her consent and rubbed his body against her buttocks.
The complainant tried to free herself, but Sgt Muhango tightened his grip on her. A colleague tried to intervene but failed and the two cops continued to wrestle until the complainant eventually managed to disentangle herself.
One of the cops who witnessed the spectacle took pictures as the drama unfolded and circulated them on their WhatsApp groups. The complainant reported the matter to her superiors.
Source - chronicle