Top detective prosecuted for torturing suspect

HARARE - Detective assistant inspector Joseph Nemaisa has been summoned to appear before a Mbare magistrate on February 5 for brutally attacking a suspect and breaking his arm.

According to the subpoena served on January 23, Nemaisa is being charged with contravening section 89(1) (a) of the Criminal Law (Codification and Reform Act). He faces assault charges.

His attack on Central Intelligence Organisation informer Delish Nguwaya on August 23 last year was slammed by the High Court after a video clip showing Nemaisa and his team brutalising the suspect was played in court. Nguwaya’s lawyer Jonathan Samukange said the latest development was a huge sigh of relief considering that they had been fighting to have the case brought before the courts since August last year.

“Venturus and Samukange are representing the complainant who has made several complaints against superintendents Nyaradzai Majachani, Shephered Tachiona and a Pazvakavambwa. Reports have been made against these but very little action has taken place.

“It is always very difficult when one makes a report against police officials because they always look after each other, only when a police officer is not a friend of the hierarchy is when a matter he is accused of is prosecuted to its logical conclusion,” Samukange said.

He applauded the National Prosecuting Authority for ensuring that Nemaisa was not protected but brought to book for his alleged wrongdoings.

“I must say I cannot predict the outcome but at least the prosecutor-general has seen it fit to have him charged and at least some justice is being done. There are other outstanding dockets against these police officials that will be brought to court for prosecution,” he said.

Nguwaya has been at the centre of a corruption storm involving CIO operatives and senior police officers, in which he claimed he had been tricked by police to volunteer incriminating information as a witness before tables were turned against him after he “implicated” top police bosses in corruption.

During the attack, Nemaisa and his team dragged him on the floor — forcing people to rush out of courtrooms to witness the spectacle — a rarity in the functions of both police and Office of the President who share mutual respect for each other’s roles in combating crime.
Nemaisa had pinned Nguwaya to the ground while summoning more manpower to try and subdue the CIO informer who was resisting being put in handcuffs.

The detectives appeared not bothered by the swelling crowds and howls of disapproval from the public as they dragged Nguwaya down the staircase with his head perilously bumping against the staircase.

Nguwaya was bundled into a waiting truck and taken away to the police station. However, regional magistrate Mupeiwa, who was waiting to hear Nguwaya’s trial on allegations of possession of cocaine, did not have kind words for Nemaisa and his team.


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