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Kombi driver accuses cops of demanding a US$150 bribe
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A BULAWAYO kombi driver facing charges of kidnapping two police officers and assaulting one of them has accused the officers of demanding a US$150 bribe in exchange for his release following his arrest for a traffic offence.
Limukani Ndlovu (44), of Old Magwegwe suburb, made the allegations through his lawyer, Simbarashe Innocent Madzivire of Mashayamombe Legal Practitioners, during his appearance before Bulawayo regional magistrate Mr Mutiro.
Ndlovu is facing two counts of kidnapping and one count of assault after allegedly driving away with two police officers who had been assigned to escort his vehicle to the Vehicle Inspection Department (VID).
He denies all the charges, maintaining that the allegations were fabricated by police officers after he refused to pay the money they allegedly demanded.
The trial was postponed to November 16 for continuation.
Presenting his client's defence, Madzivire told the court that Ndlovu had neither kidnapped nor unlawfully detained the officers, insisting that they voluntarily entered his vehicle and subsequently demanded money.
"The accused neither kidnapped nor unlawfully detained both complainants. The allegations are a pure fabrication motivated by malice. While driving, three people entered his vehicle and advised him that he was under arrest," Madzivire submitted.
According to the defence, the officers initially instructed Ndlovu to drive to Drill Hall Police Station but allegedly began demanding US$150 along the way in exchange for allowing him to go free.
Madzivire claimed that the demands continued even after they arrived at the police station, but Ndlovu refused to surrender the money.
The lawyer argued that his client became suspicious of the officers' intentions because they were dressed in civilian clothing and had neither impounded his vehicle nor instructed him to accompany them into the police station.
After allegedly waiting for nearly an hour without any formal action being taken against him, Ndlovu decided to leave.
The defence claimed that the officers then jumped into his moving vehicle and continued threatening him while demanding payment.
"The accused person, knowing his rights, denied complying with the unlawful request and thus drove towards his homestead. The officers thereafter requested to be dropped off and he did so," Madzivire said.
He further denied allegations that Ndlovu assaulted Constable Lydia Runoza, arguing that the medical evidence presented did not substantiate the State's version of events.
Madzivire maintained that the criminal charges were motivated by retaliation after his client refused to comply with the alleged bribery demands.
However, the prosecution presented a sharply different account of the incident.
Prosecutor Owen Mugari told the court that Ndlovu was arrested on February 21, shortly before midday, after allegedly dropping passengers at an undesignated point in Bulawayo's central business district.
At the time, Ndlovu was driving a Mercedes-Benz Sprinter commuter omnibus, which police suspected was operating without a valid certificate of fitness.
The court heard that police decided to take the vehicle to the VID depot for inspection and assigned Constables Lydia Runoza and Leonard Kaseke to escort it.
According to the State, the two officers boarded the kombi and instructed Ndlovu to drive to the inspection depot.
Instead of following the designated route, Ndlovu allegedly diverted towards the Bulawayo-Victoria Falls Road.
Prosecutors claim that he continued driving past Umguza Tollgate before turning onto an unidentified road and travelling approximately 10 kilometres.
During the journey, Constable Kaseke reportedly jumped out of the moving vehicle, leaving his colleague seated in the front passenger seat.
The State alleges that Ndlovu continued driving for another 100 metres before stopping the vehicle.
He allegedly grabbed Constable Runoza by the neck, pushed her against the seat and opened the passenger door before forcibly removing her from the vehicle.
Ndlovu is accused of abandoning the female officer in a bushy area before driving away.
The prosecution said Constable Runoza sustained bruising to her neck and was subsequently referred to Mpilo Central Hospital for medical examination and treatment.
The case has presented the court with two conflicting accounts, with the prosecution alleging that Ndlovu deliberately abducted the officers to evade lawful enforcement action, while the defence insists that the officers attempted to extort money from him.
The alleged bribery demands have not been independently established and remain part of Ndlovu's defence.
The court is expected to continue hearing evidence when the trial resumes on November 16.
Ndlovu remains presumed innocent until proven guilty.
Limukani Ndlovu (44), of Old Magwegwe suburb, made the allegations through his lawyer, Simbarashe Innocent Madzivire of Mashayamombe Legal Practitioners, during his appearance before Bulawayo regional magistrate Mr Mutiro.
Ndlovu is facing two counts of kidnapping and one count of assault after allegedly driving away with two police officers who had been assigned to escort his vehicle to the Vehicle Inspection Department (VID).
He denies all the charges, maintaining that the allegations were fabricated by police officers after he refused to pay the money they allegedly demanded.
The trial was postponed to November 16 for continuation.
Presenting his client's defence, Madzivire told the court that Ndlovu had neither kidnapped nor unlawfully detained the officers, insisting that they voluntarily entered his vehicle and subsequently demanded money.
"The accused neither kidnapped nor unlawfully detained both complainants. The allegations are a pure fabrication motivated by malice. While driving, three people entered his vehicle and advised him that he was under arrest," Madzivire submitted.
According to the defence, the officers initially instructed Ndlovu to drive to Drill Hall Police Station but allegedly began demanding US$150 along the way in exchange for allowing him to go free.
Madzivire claimed that the demands continued even after they arrived at the police station, but Ndlovu refused to surrender the money.
The lawyer argued that his client became suspicious of the officers' intentions because they were dressed in civilian clothing and had neither impounded his vehicle nor instructed him to accompany them into the police station.
After allegedly waiting for nearly an hour without any formal action being taken against him, Ndlovu decided to leave.
The defence claimed that the officers then jumped into his moving vehicle and continued threatening him while demanding payment.
"The accused person, knowing his rights, denied complying with the unlawful request and thus drove towards his homestead. The officers thereafter requested to be dropped off and he did so," Madzivire said.
He further denied allegations that Ndlovu assaulted Constable Lydia Runoza, arguing that the medical evidence presented did not substantiate the State's version of events.
Madzivire maintained that the criminal charges were motivated by retaliation after his client refused to comply with the alleged bribery demands.
However, the prosecution presented a sharply different account of the incident.
Prosecutor Owen Mugari told the court that Ndlovu was arrested on February 21, shortly before midday, after allegedly dropping passengers at an undesignated point in Bulawayo's central business district.
At the time, Ndlovu was driving a Mercedes-Benz Sprinter commuter omnibus, which police suspected was operating without a valid certificate of fitness.
The court heard that police decided to take the vehicle to the VID depot for inspection and assigned Constables Lydia Runoza and Leonard Kaseke to escort it.
According to the State, the two officers boarded the kombi and instructed Ndlovu to drive to the inspection depot.
Instead of following the designated route, Ndlovu allegedly diverted towards the Bulawayo-Victoria Falls Road.
Prosecutors claim that he continued driving past Umguza Tollgate before turning onto an unidentified road and travelling approximately 10 kilometres.
During the journey, Constable Kaseke reportedly jumped out of the moving vehicle, leaving his colleague seated in the front passenger seat.
The State alleges that Ndlovu continued driving for another 100 metres before stopping the vehicle.
He allegedly grabbed Constable Runoza by the neck, pushed her against the seat and opened the passenger door before forcibly removing her from the vehicle.
Ndlovu is accused of abandoning the female officer in a bushy area before driving away.
The prosecution said Constable Runoza sustained bruising to her neck and was subsequently referred to Mpilo Central Hospital for medical examination and treatment.
The case has presented the court with two conflicting accounts, with the prosecution alleging that Ndlovu deliberately abducted the officers to evade lawful enforcement action, while the defence insists that the officers attempted to extort money from him.
The alleged bribery demands have not been independently established and remain part of Ndlovu's defence.
The court is expected to continue hearing evidence when the trial resumes on November 16.
Ndlovu remains presumed innocent until proven guilty.
Source - The Chronicle
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