adminMashudu Netsianda Senior Court Reporter
TWO police officers allegedly assaulted a Bulawayo man for refusing to pay a fine before they opened a docket to cover up their unlawful actions, a magistrate heard yesterday.
Bulawayo magistrate Tinashe Tashaya heard this when Stanford Matimba, 32, and Francis Mahembe, 36, both stationed at the ZRP Bulawayo Licence Inspectorate, appeared before him.
Both Matimba and Mahembe pleaded not guilty to the charge of assaulting Obert Cement and the matter was postponed to June 15 for judgment.
The two cops told the court that they arrested Cement for public drinking and urinating in a public place.
However, they failed to produce his docket for the charge.
When Cement took to the witness stand, he told the court that Matimba and Mahembe assaulted him and then opened a docket to cover up their unlawful conduct.
“I was at Cape to Cairo Nightclub at around 11PM with my friend when four police officers, among them Mahembe and Matimba confronted us as I was about to unlock my car so that we could drive home. They arrested us and took us to Bulawayo Licence Inspectorate where they demanded a $10 fine from us, saying we were facing charges of public drinking and urinating in a public place,” said Cement.
He said when he refused to pay the fine as he had done nothing wrong, Mahembe and Matimba handcuffed him and started assaulting him.
“They assaulted me using fists and booted feet all over the body until I fell down. I sustained injuries on the shoulder, chest and hip as a result of the assault,” said Cement.
He said he was later taken to Bulawayo Central Police Station where a docket was opened for public drinking and behaving in a disorderly manner in a public place.
Prosecuting, Charles Danda said on May 5 shortly after 11.30PM, Cement was arrested for alleged public drinking by police officers who were on night patrol. Among the cops were Matimba and Mahembe who were in plain clothes. The court heard that Cement and his friend were taken to the Bulawayo ZRP Licence Inspectorate where they were ordered to pay a fine.
“Cement refused to pay the fine and queried why he was being charged for a crime that he hadn’t committed,” said Danda.
Matimba and Mahembe got angry and they ganged up on Cement, assaulting him with fists and booted feet. He sustained injuries and was rushed to United Bulawayo Hospitals for treatment.
A report was made to the police and Mahembe and Matimba were arrested.
Online Reporter