HARARE – Lawyers representing a Central Intelligence Organisation (CIO) informer Delish Nguwaya, have petitioned police Commissioner-General Augustine Chihuri to take appropriate action against top detective Joseph Nemaisa, who is accused of severely assaulting their client during an unusual arrest at the Harare Magistrates’ Courts recently.
Harare lawyer Jonathan Samukange said Nemaisa and his unnamed colleagues, acted like thugs as they “kidnapped and assaulted” Nguwaya who suffered a broken arm during what he claimed was torture in the hands of the detectives.
“Their conduct is in fact a contravention of the Police Act in that they brought the good name of the police into disrepute. Their conduct should never be condoned.
“Courts are respectable places and our Constitution spells out the independence of the judiciary where we all seek recourse when confronted with legal issues.
“We beseech your good office to take action on such rogue officers whose conduct has since been declared unlawful by the High Court on August 24, 2017 where we sought and obtained an order for our client’s immediate release. Their conduct tarnishes the organisation’s good name,” Samukange said in the letter written last Thursday.
The CIO informer has since filed assault charges against Nemaisa, claiming the cop broke his arm during the alleged assaults.
The detectives are yet to be arrested and brought to court.
Last month, court proceedings were temporarily halted at the Harare Magistrates’ Courts when Nemaisa and his crack team wrestled with Nguwaya who had been due to appear in court over allegations of possessing cocaine.
The dramatic incident was sparked by Nemaisa who swooped on Nguwaya as he waited outside the courtroom for Harare regional magistrate Noel Mupeiwa to call him to take the stand.
Nguwaya screamed as 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 handcuffed.
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 prompting Samukange to file an urgent High Court application seeking the release of Nguwaya who was released on the orders of judge Charles Hungwe.
During the court hearing, Hungwe asked prosecutor Kenias Chimiti to explain if the police actions were justified under the circumstances following a video played in court showing how Nguwaya was arrested.
The video shows Nguwaya on the floor handcuffed, while being dragged by the police down the stairs from the second floor to the first floor. Nguwaya’s cries drew a large crowd from the court.
In his submissions, Samukange said that his client was brutally tortured by the police, who later took him to hospital “fearing he might die in their hands”.