News / National
Wallet killing: Cop appeals
29 Aug 2016 at 01:50hrs | Views
EX-police Inspector Aspias Shumba, jailed four years recently on charges of culpable homicide for fatally assaulting a suspect in Shamva, is now contesting conviction and sentence.
Shumba, who was the officer-in-charge at Shamva Police Station, deployed a team of policemen to a local compound to investigate the theft of his wife's wallet and to raid traders of illicit liquor.
The team stormed the compound and attacked Mr Luxmore Chivambo, who was the main suspect.
Shumba together with his five subordinates — Motion Jakopo, Simon Mafunda, Michael Mukwalo, Bennedict Tapfuma and Blessing Saidi — were found guilty of culpable homicide.
Shumba, Jakopo and Mafunda were jailed four years each while Mukwalo, Tapfuma and Saidi were slapped with wholly suspended sentences.
Shumba has now approached the Supreme Court seeking permission to file his notice of appeal out of the stipulated time.
In the application for condonation of late filing, Shumba said the transcription of a High Court record was delayed resulting in his approaching the Supreme Court after the limit set for appeals.
In the attached draft notice of appeal, Shumba argued that he never instructed his subordinates to commit an offence. He contends that the raids were a lawful operation and he did not instruct anyone to kill Mr Chivambo.
"The circumstances of the case clearly indicate that this was a lawful operation which degenerated into a chaotic situation during the execution stage and each accused ought to have had his fate decided on the basis of his individual conduct," he argued.
Shumba argued that he deserved a wholly suspended sentence like the one imposed on three of his subordinates.
The Supreme Court is yet to decide on the application.
Sentencing the six policemen, High Court judge Justice Hlekani Mwayera slammed the police for exhibiting "hooliganism" and "brutality" in the execution of their duties in violation of the Constitution. The judge said police brutality and violence had no place in a democratic society such as Zimbabwe.
She urged police to uphold human rights all the time.
The judge said the police must know that no one is above the law and that human rights must be upheld at all times.
Justice Mwayera said police brutality risked causing chaos in the coun- try.
"Allowing police brutality would not only lead to anarchy and chaos, but will take away people's confidence in the Zimbabwe Republic Police and also the justice delivery system," said the judge.
Justice Mwayera said petty offences like the theft of a wallet from a senior police officer's wife and the sale of illicit brew did not warrant loss of life.
From the evidence led in court, during the raid, police stormed Chivambo's house and attacked him.
They demanded to know who had stolen a wallet belonging to the officer-in-charge's wife.
The defence of applying minimum force or self-defence fell away because there was no evidence of any form of resistance.
Chivambo is said to have died a painful death after he was kicked and beaten with batons by the police.
Shumba, who was the officer-in-charge at Shamva Police Station, deployed a team of policemen to a local compound to investigate the theft of his wife's wallet and to raid traders of illicit liquor.
The team stormed the compound and attacked Mr Luxmore Chivambo, who was the main suspect.
Shumba together with his five subordinates — Motion Jakopo, Simon Mafunda, Michael Mukwalo, Bennedict Tapfuma and Blessing Saidi — were found guilty of culpable homicide.
Shumba, Jakopo and Mafunda were jailed four years each while Mukwalo, Tapfuma and Saidi were slapped with wholly suspended sentences.
Shumba has now approached the Supreme Court seeking permission to file his notice of appeal out of the stipulated time.
In the application for condonation of late filing, Shumba said the transcription of a High Court record was delayed resulting in his approaching the Supreme Court after the limit set for appeals.
In the attached draft notice of appeal, Shumba argued that he never instructed his subordinates to commit an offence. He contends that the raids were a lawful operation and he did not instruct anyone to kill Mr Chivambo.
"The circumstances of the case clearly indicate that this was a lawful operation which degenerated into a chaotic situation during the execution stage and each accused ought to have had his fate decided on the basis of his individual conduct," he argued.
Shumba argued that he deserved a wholly suspended sentence like the one imposed on three of his subordinates.
Sentencing the six policemen, High Court judge Justice Hlekani Mwayera slammed the police for exhibiting "hooliganism" and "brutality" in the execution of their duties in violation of the Constitution. The judge said police brutality and violence had no place in a democratic society such as Zimbabwe.
She urged police to uphold human rights all the time.
The judge said the police must know that no one is above the law and that human rights must be upheld at all times.
Justice Mwayera said police brutality risked causing chaos in the coun- try.
"Allowing police brutality would not only lead to anarchy and chaos, but will take away people's confidence in the Zimbabwe Republic Police and also the justice delivery system," said the judge.
Justice Mwayera said petty offences like the theft of a wallet from a senior police officer's wife and the sale of illicit brew did not warrant loss of life.
From the evidence led in court, during the raid, police stormed Chivambo's house and attacked him.
They demanded to know who had stolen a wallet belonging to the officer-in-charge's wife.
The defence of applying minimum force or self-defence fell away because there was no evidence of any form of resistance.
Chivambo is said to have died a painful death after he was kicked and beaten with batons by the police.
Source - the herald
