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Kamangeni Phiri Midlands Bureau Chief
THREE police officers based in Harare drove to Mvuma where they allegedly took turns to torture a suspected housebreaker until he died, High Court Judge, Justice Nokuthula Moyo, heard in Gweru yesterday.
Chikena Mumpande of Flat B, Glen Norah Camp, Harare, Gcobani Mkwananzi of 6717 Westlea, Harare, and Renias Mapfumo, of ZRP Bindura, appeared before Justice Moyo, sitting with assessors, Wellington Takawira Matemba and Chipo Junior Baye facing a charge of murder.

They are accused of having caused the death of Oliver Nyagondo by striking him with a baton stick under his feet and all over his body several times.

Nyagondo was a suspect in a case in which a Mvuma house belonging to Mumpande was broken into.

The trio, being represented by Bulawayo lawyer, Robert Ndlovu of R Ndlovu and Company, pleaded not guilty. Investigating Officer, Emmanuel Watyoka, told the court how it was difficult to investigate the case as most police officers stationed at Mvuma were unwilling to assist.

He said most officers expressed ignorance about the circumstances surrounding the death of Nyagondo.

Mumpande, Mkwananzi and Mapfumo’s trial took an unexpected twist when the state’s key witness, Munyaradzi Chirwa, denied the contents of his warned and cautioned statement, saying he was forced to sign it. In his statement, Chirwa had stated that he was a neighbour to one of the accused, Mumpande.

The statement stated that Chirwa had been picked up by the three police officers as one of the suspects who had broken into Mumpande’s house.

Chirwa and another neighbour, George Mutape, who is now late, had been picked up together with the late Nyagondo by the three officers as suspects in the housebreaking case.

In his statement, Chirwa had said when Nyagondo was returned to the cells, he could hardly walk or sit and his condition deteriorated until he died.

But yesterday, he denied ever signing the statement.

The other witness, Mutape, died before the commencement of the trial.

Mumpande, Mkwananzi and Mapfumo’s lawyer, Ndlovu, yesterday approached the bench seeking a discharge of his clients due to lack of evidence.

Justice Moyo is expected to make a ruling this morning.

The state will seek to prove that on 31 December 2007, Mumpande’s house in Mvuma was broken into.

This prompted the three police officers, who are stationed in Harare and attached to the Criminal Investigation Department Vehicle Theft Squad, to drive from Harare to Mvuma.

While in Mvuma, Mumpande, Mkwananzi and Mapfumo allegedly made their own investigations leading to the arrest of Nyagondo and five others.

The six were detained at Mvuma Police Station while the three police officers drove back to Harare, the court heard.

On January 3, 2008, the three accused were back in Mvuma and started interrogating the Nyagondo and the other suspects.

In the process, they took turns to assault Nyagondo with a baton under the feet and all over the body several times, forcing him to make a confession, it is alleged.

After the alleged assault, Mumpande, Mkwananzi and Mapfumo returned Nyagondo to the cells but he could neither sit nor walk properly.

During the night of that day, Nyagondo’s condition deteriorated and he started vomiting, the court heard. He continued vomiting until the morning of January 4.

Nyagondo’s condition was brought to the attention of Mumpande who is alleged to have retorted that he could not take a criminal to hospital.

The deceased’s condition deteriorated resulting in the three police officers taking him to Mvuma District Hospital where he was admitted.
After two days, Nyagondo was transferred to Gweru Provincial Hospital where he died on January 10, 2008.

A postmortem carried out at Mpilo Hospital in Bulawayo revealed that Nyagondo’s death was a result of asphyxia, trauma (assault) and gastric contents aspiration.

Mirirai Shumba appeared for the State.