Send cops to jail, State tells court

Fungai Lupande Senior Court Reporter
The State last week persuaded the court to impose a custodial sentence on five police officers who gouged a civilian’s right eye after assaulting him with baton at the intersection of Kenneth Kaunda Avenue and Julius Nyerere Way in March this year.

This came after the five – Livingstone Zvimba, Tendai Musungambira, Sunday Nyaude, Khululekani Dale and Evans Mashonganyika – pleaded with the court to make them pay a fine. In mitigation, the five, who are first offenders, said they were family men and wanted to pay a fine for the offence. In aggravation, the prosecutor, Mr Bigboy Chikadaga, said only a custodial sentence justified in this in- stance.

“Although the accused are first offenders, they started crime at the deepest end. What is aggravating is that they are police officers who were on duty to protect the civilians. Instead, they attacked the people they are mandated to protect. They inflicted a permanent disability on the complainant, who lost his eye. Zvimba, who is a sergeant-major, has a rank which deals with discipline, but he let the police force down.”

The five pleaded not guilty, but Harare magistrate Mr Farai Gwitima convicted them after a full trial. In their defence, the five insisted that they did not commit the crime, even though they were at the crime scene. They said it was dark and raining on the day in question and there were a lot of people, including more than five Police Reaction Group (PRG) details, at the scene.