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Kamangeni Phiri Midlands Bureau
HIGH Court Judge Justice Nokuthula Moyo has dismissed an application made by a lawyer representing three police officers who allegedly arrested and tortured to death a man they suspected to have broken into one of the accused’s house in Mvuma.Robert Ndlovu of R Ndlovu had submitted on Thursday to the High Court which is on circuit in Gweru that his clients be released on the basis that the evidence submitted by a state witness, Munyaradzi Chirwa, did not link his three clients with the murder of Oliver Nyagondo in 2008.

He also submitted that Chirwa could be considered as an accomplice in the case and therefore was not qualified to give evidence.

Justice Moyo, sitting with assessors Wellington Takawira Matemba and Chipo Junior Baye, dismissed the application and the trial of the three cops, Chikena Mumpande of Flat B, Glen Norah Camp, Harare, Gcobani Mkwananzi of 6717 Westlea, Harare, and Renias Mapfumo, of ZRP Bindura, resumed yesterday.

She said she will reveal the reasons of dismissing the application to discharge the three policemen in her judgement next week.

The three stand accused of having caused the death of Nyagondo by striking him with a baton stick under his feet and all his body several times. The trio pleaded not guilty to murder.

When the trial resumed yesterday, the three accused who are members of the Criminal Investigation Department Vehicle Theft Squad based in Harare gave their evidence recounting how they were instructed to go to Mvuma where Mumpande was expected to make a statement in a case of house-breaking.

The house that had been broken into belonged to Mumpande.

Mumpande said they were instructed by his officer-in-charge to go to Mvuma.

His co-accused, Mapfumo, told of how they had to travel to Mvuma as a team.

He said police operations are done according to the book and a vehicle is not released to a single officer for assignments.

Mapfumo said they had to drive to Mvuma since there was a transport challenge at both (the Mvuma and Harare) stations.

The vehicle, he said, was meant to help them carry out investigations and recover the property.

Mapfumo said when they interrogated Nyagondo on  January 3, 2008, he “re-confessed” to having broken into Mumpande’s house.

Justice Moyo queried: “Why a re-confession? Had he confessed before? If so, why then interrogate the deceased again?”

Mapfumo said when Nyagondo confessed when interrogated by the investigating officer earlier, it was standard procedure that the CID interrogate him again.

“It’s standard procedure my lady and honourable assessors.

“It’s done presumably to establish whether the two teams are on the same page,” he said.

Both the state and the defence closed their cases yesterday and the court adjourned to Monday morning for submissions.

The state says on December 31, 2007, Mumpande’s house in Mvuma was broken into.

This prompted the three accused 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 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 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 several times, forcing the deceased 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.

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.

Nyagondo’s condition deteriorated resulting in the three accused 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 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.