5 ‘killer’ policemen acquitted of murder

FIVE cops accused of allegedly killing a suspected armed robber believed to be behind a spate of robberies in and around Bulawayo and Esigodini areas have been acquitted by the High Court.

Herbert Kanyinji, Bornwell Mahachi, Amiga Shumba, Norge Rapayi and Mbekezeli Bhebhe, were found not guilty by Bulawayo High Court judge, Justice Evangelista Kabasa, who ruled that the State had failed to prove its case.

The case revolved around the events of March 30, 2021, when the five cops, who were part of a seven-member crack team tasked with apprehending the suspect, Nkululeko Banda, also known as Alfred.

According to the State’s case, the officers, armed with AK47 rifles, apprehended Banda at his house and allegedly assaulted him while demanding to know his real identity. Banda reportedly tried to disarm one of the officers during the encounter, but he was subdued and his hands were tied.

The situation escalated when Banda managed to briefly escape, only to be recaptured and taken on a mission to recover a hidden firearm in Claremont. On the way, Banda reportedly suffered a seizure, and his condition deteriorated rapidly. He was taken to United Bulawayo Hospitals (UBH), where he was pronounced dead.

During the trial, the officers denied causing Banda’s death, stating that the force they used was necessary due to his resistance to arrest.

The court heard testimony from Banda’s wife, Ms Rejoice Nyathi, who was present during the raid, but fled the scene as she could not bear to witness the assault.

Ms Nyathi stated that she could not identify the individuals who conducted the raid.

Other witnesses, including Banda’s stepfather and nurses who attended to him at UBH, testified that he was already deceased when he arrived at the hospital.

A post-mortem report by Doctor Juana Rodriguez Gregori determined the cause of death to be asphyxia, due to occlusion of the airway caused by neck constriction.

In her ruling, Justice Kabasa noted that the visible marks on Banda’s body might have been caused by his skin rubbing against a rough surface or a sharp object.

The judge pointed out there was a lack of direct evidence linking the officers’ actions to Banda’s death.

“We were left with more questions than answers as to when, where, and who strangled the now-deceased.”

Justice Kabasa emphasised that for a murder charge, the State must prove that the accused unlawfully and intentionally caused the death of the deceased.

Due to the State’s failure to establish this beyond reasonable doubt, the court acquitted the five.

“The charge that the accused is facing of murder requires the State to prove that the accused unlawfully and intentionally caused the death of the deceased. It is for these reasons that we concluded that the State failed to prove its case beyond reasonable doubt, entitling the accused to an acquittal. Consequently, the five accused are found not guilty and acquitted,” ruled the judge.