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Kamangeni Phiri Midlands Bureau Chief
BULAWAYO High Court judge, Justice Nokuthula Moyo, yesterday sentenced to a combined 30 years the three Harare-based police officers who tortured to death a housebreaking suspect in Mvuma. The three, Assistant Inspector Chikena Mumpande, Inspector Gcobani Mkwananzi and Renias Mapfumo, who had taken up a new job as chief security officer with Savanna Tobacco had pleaded not guilty to causing the death of Oliver Nyagondo.

However, Justice Moyo sitting with assessors, Wellington Takawira Matemba and Chipo Junior Baye, convicted them of a lesser crime of culpable homicide and sentenced each of them to 10 years in prison. They will serve an effective eight years each after two years were suspended for five years on condition of good behaviour.

Justice Moyo said she considered, in her sentencing, the fact that Mumpande, 36, Mkwananzi, 38, and Mapfumo, 35, were all married and had children.
She said the fact that the crime was committed in 2008 when the three were relatively young was another mitigating factor. Justice Moyo also considered that they were first offenders.

Mumpande, Mkwananzi and Mapfumo’s spouses and female relatives could not contain themselves as they started wailing immediately after getting out of the courtroom.

Two of the women who were weeping uncontrollably had to be consoled by a male relative as they left the court. Passing judgement, Justice Moyo said:
“You were deeply involved in the investigations in a case in which you were the complainants and allowed emotions to overwhelm you. The deceased confessed to having broken into accused one’s house. There was no reason for you to interrogate him again. Also, it defies logic for you to fatally assault someone for stealing property that could be ferried in a Mazda 323. This shows the property was not much. You therefore went to extremes in trying to recover the property.”

Justice Moyo also said it was illogical for the three to drive all the way to Mvuma from Harare to investigate a case of housebreaking in an area that had competent police officers.

The three struck Nyagondo with a baton under his feet and all his body several times until his health deteriorated resulting in his death.
Mumpande, Mkwananzi and Mapfumo were represented by Bulawayo Lawyer, Robert Ndlovu of R Ndlovu and Company.
The state said that on December 31, 2007, Mumpande’s house in Mvuma was broken into.

This prompted the trio who were stationed in Harare and attached to the Criminal Investigation Department Vehicle Theft Squad, to drive to Mvuma.
While in Mvuma, Mumpande, Mkwananzi and Mapfumo who were by then detective sergeants 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, they were back in Mvuma and started interrogating Nyagondo and the other suspects.

In the process, they took turns in assaulting Nyagondo with a baton under the feet and all over the body, extracting a confession. After the 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.
He continued vomiting until the morning of 4 January.

Nyagondo’s condition was brought to the attention of Mumpande who said he could not take a criminal to hospital. His health worsened resulting in Mumpande and his two accomplices taking him to Mvuma District Hospital. After two days, Nyagondo was transferred to Gweru Provincial Hospital where he died on 10 January, 2008.
A post-mortem 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.