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Tawanda Mangoma
TWENTY nine Chingwizi villagers yesterday appeared before Chiredzi resident magistrate Tayengwa Chibanda facing public violence charges.The state represented by Liberty Hove is alleging that Patrick Changwesha Chinounda, 33, and 28 other villagers stoned and disarmed police officers resulting in the injury of some people last Friday at Chingwizi Holding Camp.
Chief Investigation Officer Detective Inspector Victor Chinoni testified against the villagers who were represented by the Zimbabwe Lawyers’ for Human Rights (ZLHR).
Chinoni said the suspects were very violent and police used minimum force to arrest them.
He said the 29 disarmed and assaulted police officers.
“The police were running after the accused persons, tripping them and arresting them. No one was assaulted by the police but only minimum force was used to effect the arrests,” said Chinoni.
He dismissed the defence team’s claims of overcrowding at Triangle Police Station cells where the suspects were detained.
The detective however confirmed that the suspects who were remanded in custody to today were not given food.
The ZLHR registered a complaint with the court against the police, saying the arrest of their clients was unconstitutional and their rights were violated through among other acts, denying them food.
The lawyers said initially police arrested nearly 300 villagers but released some of them after vetting.
Defence lawyer Phillip Shumba alleged that police assaulted the villagers as they were effecting arrest.
“We would like to highlight some of the complaints we have against the police to this honourable court. There are a number of accused persons who were assaulted by the police. Accused One, Patrick Chinounda was assaulted by police upon his arrest. He was taken to the site where a burnt police vehicle was and he was humiliated with some police officers saying they wanted to salute him. They assaulted him using open hands and button sticks,” said Shumba.
The defence also alleged that the police denied their clients access to legal representation and alleged that the villagers were detained in overcrowded cells where 21 men shared six blankets while eight females shared two blankets.
The lawyers said since their arrest on Sunday, the suspects were not afforded a chance to bath.
Another defence lawyer Blessing Nyamaropa said the case must be dismissed saying the 29 suspects were unlawfully arrested.
“It is very clear that there were violations of human rights and therefore the arrest was unlawful. The suspects must be released. Section 50 subsection 8 of the new Constitution gives guidelines as to how one must be arrested and treated. This arrest did not meet all of that hence it is illegal,” said Nyamaropa.
The defence also said the matter must be brought before the Constitutional Court alleging that the bill of rights had been violated.
Online Reporter