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Marvelous Moyo Gwanda Correspondent
A GWANDA magistrate has issued a warrant of arrest against a senior cop who failed to turn up in court to testify against his two subordinates who allegedly unlawfully freed an assault suspect.

Magistrate Sheila Nazombe issued the warrant of arrest against Gwanda Urban Police Station Officer-in-Charge Chief Inspector Kennedy Chiriga, 48, for failing to appear in court in a case in which his two subordinates, Constables Elvis Munyaradzi Babi, 24, and Martin Chikwava, 32, are facing charges of criminal abuse of office as public officers.

Chief Insp Chiriga was expected to testify on Thursday but when his name was called out, he was nowhere to be found.

Nazombe then issued the warrant of arrest against the top cop for a station where Babi and Chikwava are also based.

The magistrate also remanded Babi and Chikwava out of custody and the trial continues on July 16.

Earlier, the two police officers had through their lawyer, Norman Mugiya of Mugiya and Macharaga Law Chambers, denied the charges of releasing Bukhosi Ndlovu who was facing assault charges.

They alleged that they had sought authority to release Ndlovu and it was granted by the Officer-in-Charge Crime Insp Socretes Chigumbura, 38.

However, testifying in the matter Insp Chigumbura denied giving authority to the two to release the suspect.

“I was not aware of the release of the accused person but I realised that Cst Babi purported that I was the one who gave him authority to do so, which isn’t correct,” he said.

For the State, Takunda Mafudze said on June 21 this year, the two police officers commenced duty at 3PM together with other officers.

During the course of the day, Ndlovu who was jointly charged with Tsigai Maphosa, was arrested for assault.

The officer in charge Chief Inspector Chiriga instructed the two cops to detain Ndlovu and Maphosa for assault.

They did that and recorded the case in the detention book.

“On the same day and at about 9PM, the two accused persons acting in consent, without lawful authority from the Officer in Charge Crime or Officer in Charge of the station, connived and altered the charge from assault to disorderly conduct, for Bukhosi (Ndlovu),” said Mafudze.

“The two accused persons without lawful authority went on to invite a deposit fine of $10 for the latter offence from Bukhosi who paid and the accused persons released him from detention, leaving the other accused Tsigai in cells.”

It is said that Babi and Chikwava had no right or authority to alter charges, assess deposit fines or release detained suspects.

“The accused persons showed favour to Bukhosi by reducing the charge to a fine assessable one. The accused persons endorsed that they were authorised to release the detained person by the Officer in Charge Crime of which was discovered to be false,” said Mafudze.

Chief Insp Chiriga discovered the offence, leading to Babi and Chikwava.