News / National
Magistrate orders police to stop torture
22 Jun 2016 at 07:03hrs | Views
POLICE in Gweru are allegedly unproceduraly getting suspects from remand prison for further investigations.
A suspect in a robbery case raised the issue after alleging police shot him on both legs, as he sat in their car soon after they arrested him.
A Gweru senior magistrate Mr Tayengwa Chibanda yesterday ordered the Zimbabwe Prisons and Correctional Services to protect two suspected armed robbers while on remand.
He told the officer-in-charge prisons (Whawha Maximum Prison) not to release Shadreck Ndlovu and Killas Maphosa into the hands of the police.
"It has come to the attention of the remand court that accused persons are being taken out by the police for purposes of further investigations. These accused persons are then brought back to remand prison severely assaulted by the police," said the magistrate.
"The court is particularly referring to the matter of the State v Shadreck Ndlovu and Killas Maphosa. It is against this background that the officer-in-charge prisons is ordered not to release Shadreck Ndlovu and Killas Maphosa into the hands of the police, CID members."
"In as much as the court appreciates the importance of investigating matters, the court does not condone or associate itself with assaults being perpetrated on accused persons by investigators. Proper justice does not require accused person to be severely assaulted by the police under the guise of investigations."
Ndlovu and Maphosa were arrested two weeks ago and are facing 14 counts of robbery, house breaking and theft.
After their arrest, police allegedly recovered property worth more than $42,000.
Ndlovu (49) of Njube suburb in Bulawayo and his accomplice Maphosa (45) of Nkenyani Road, Mambo in Gweru first appeared before Mr Chibanda who remanded them in custody to June 20. Yesterday, the duo appeared before the same court for further remand.
Ndlovu said: "Police came to remand prison on the pretence of further investigations. However, they severely assaulted me and my ribs are very painful. I was brought back to remand prison on Sunday because they knew I should be in court today," he said.
Maphosa who was shot twice on both legs claimed that he was shot while seated in a police vehicle but the prosecution say he was attempting to flee from the police.
"I was shot whilst seated in their vehicle as we went for indications. They are now forcing us to admit to all the counts we are facing and they said they are coming for us," he said.
ZPCS officer, Fungayi Chiparamakuna, confirmed to the court that Ndlovu was taken by the police on June 8 and returned on June 14.
"He was again taken on June 15 and returned on June 19. There is no official record of Killas Maphosa being taken by the police," she said.
Prosecutor Mr Lloyd Mabiza said: "On June 2, Ndlovu was arrested in Bulawayo after a tip off. "He then implicated Maphosa. Both accused persons made indications and Maphosa was shot twice on both legs whilst attempting to flee from the police. The accused persons cleared 14 counts of unlawful entry into premises and theft," said Mr Mabiza.
A suspect in a robbery case raised the issue after alleging police shot him on both legs, as he sat in their car soon after they arrested him.
A Gweru senior magistrate Mr Tayengwa Chibanda yesterday ordered the Zimbabwe Prisons and Correctional Services to protect two suspected armed robbers while on remand.
He told the officer-in-charge prisons (Whawha Maximum Prison) not to release Shadreck Ndlovu and Killas Maphosa into the hands of the police.
"It has come to the attention of the remand court that accused persons are being taken out by the police for purposes of further investigations. These accused persons are then brought back to remand prison severely assaulted by the police," said the magistrate.
"The court is particularly referring to the matter of the State v Shadreck Ndlovu and Killas Maphosa. It is against this background that the officer-in-charge prisons is ordered not to release Shadreck Ndlovu and Killas Maphosa into the hands of the police, CID members."
"In as much as the court appreciates the importance of investigating matters, the court does not condone or associate itself with assaults being perpetrated on accused persons by investigators. Proper justice does not require accused person to be severely assaulted by the police under the guise of investigations."
Ndlovu and Maphosa were arrested two weeks ago and are facing 14 counts of robbery, house breaking and theft.
Ndlovu (49) of Njube suburb in Bulawayo and his accomplice Maphosa (45) of Nkenyani Road, Mambo in Gweru first appeared before Mr Chibanda who remanded them in custody to June 20. Yesterday, the duo appeared before the same court for further remand.
Ndlovu said: "Police came to remand prison on the pretence of further investigations. However, they severely assaulted me and my ribs are very painful. I was brought back to remand prison on Sunday because they knew I should be in court today," he said.
Maphosa who was shot twice on both legs claimed that he was shot while seated in a police vehicle but the prosecution say he was attempting to flee from the police.
"I was shot whilst seated in their vehicle as we went for indications. They are now forcing us to admit to all the counts we are facing and they said they are coming for us," he said.
ZPCS officer, Fungayi Chiparamakuna, confirmed to the court that Ndlovu was taken by the police on June 8 and returned on June 14.
"He was again taken on June 15 and returned on June 19. There is no official record of Killas Maphosa being taken by the police," she said.
Prosecutor Mr Lloyd Mabiza said: "On June 2, Ndlovu was arrested in Bulawayo after a tip off. "He then implicated Maphosa. Both accused persons made indications and Maphosa was shot twice on both legs whilst attempting to flee from the police. The accused persons cleared 14 counts of unlawful entry into premises and theft," said Mr Mabiza.
Source - chronicle
