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Thandeka Moyo Court Reporter
TWO police officers who allegedly assaulted a Bulawayo man for resisting to pay a fine before they opened a docket to cover up for their unlawful actions, have been acquitted.

Bulawayo magistrate Tinashe Tashaya acquitted Stanford Matimba, 32, and Francis Mahembe, 36, both stationed at the ZRP Bulawayo Licence Inspectorate, after the State failed to prove its case against the two.

Both Matimba and Mahembe had pleaded not guilty to the charge of assaulting Obert Cement.

“The two pleaded not guilty to assault charges and in coming up with judgment, the court considered evidence that was brought by State witnesses. The State failed, however, to prove its case and thus the two will be acquitted and discharged,” said Tashaya.

The two cops told the court that they arrested Cement for public drinking and urinating in a public place on May 5.

Despite denying assaulting Cement, the two police officers, however, 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 as a smokescreen to cover up for 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 are facing charges of public drinking and urinating in a public place,” said Cement.

He said when he refused to pay the fine, Mahembe and Matimba handcuffed him and started assaulting him.

“They assaulted me using fists and booted feet all over my body until I fell down. I sustained injuries on the shoulder, chest and hip as a result of the assault,” said Cement.

Cement 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 as to why he was being charged for a crime that he did not commit,” said Danda.

Matimba and Mahembe got angry and started assaulting Cement with fists and booted feet. He sustained injuries and was rushed to the United Bulawayo Hospitals for treatment.

A report was made to the police and Mahembe and Matimba were arrested.