Magistrate slams police as accused fails to walk, sit

ESIGODINI senior resident magistrate Tawanda Muchemwa has slammed police brutality after cops brought to court an accused person who struggled to walk and sit after he was allegedly battered at the town's police base.

The accused - 35-year-old Siziba Bvute - was reportedly arrested last week at Mawabeni Business Centre after he was nabbed while driving without a licence.

Images in possession of the Southern News show a heavily battered Bvute, a suspected gold dealer from Mberengwa, with bruises.

He was later charged with two more offences which included malicious damage to property and assaulting or resisting a peace officer.

Muchemwa slammed the police after Bvute appeared before him while kneeling, as he could not stand or sit.

"This court laments the increase of cases of assault perpetrated on suspects or accused persons by some rowdy or bad apples in the police force," Muchemwa said.

"That conduct on its own is against the presumption of innocence which cuts across pre-trial incarceration as enshrined in our Constitution and it also brings the police force into disrepute," he fumed.

The magistrate further said: "The accused person was battered for a mere traffic offence and the court have to entertain his initial appearance while he was kneeling because he cannot stand or sit and for that reason this court is going to remand him out of custody to seek medical attention at the local district hospital."

He was remanded on free bail to October 12.

Muchemwa also queried why the police had preferred to bring the accused to court on a form 242 instead of a complete charge sheet as should be the case.

According to the facts on the form 242, the incident took place on October 4 at Mawabeni Business Centre. Bvute was later detained at Esigodini Police Base.

The accused was reportedly left in the custody of one constable Jakarasi after which he started demanding his release.

Bvute allegedly assaulted him with clenched fists and stones, resulting in Jakarasi fleeing the scene to seek help from his colleague, one constable Mawire.

It is further alleged that when the two arrived, Bvute went for Mawire, whom he also attacked, resulting in a police radio being damaged.

According to the charge sheet, the two cops were later sent to Esigodini District Hospital for treatment.

The accused was arrested at the crime scene and his vehicle was impounded.

Meanwhile, the Southern News understands that when Bvute went to Esigodini District Hospital after the alleged battering by police, he was immediately transferred to Bulawayo United Hospitals.