A Mbare magistrate has dismissed an application to have access to the police running diary made by a ZRP senior cop, Joseph Nemasia.
After pleading not guilty to assault charges Nemaisa raised some issues highlighting that he was not furnished with a full docket and requested a police running diary so that he could prepare his defense outline.
He also indicated that the State had exaggerated the allegations.
Prosecuting, Tafara Chirambira argued that Nemaisa had refused to sign for a warned and cautioned statement that is why it was not included on the docket and the investigating officer has it on record.
In her ruling, magistrate Sharon Rakafa indicated that it had not been revealed why the running diary was needed to prepare a defense outline since it contains merely notes from the police officers.
She highlighted that it was a ‘common cause’ that the accused person had refused to sign the warned and cautioned statement.
Magistrate Rakafa also highlighted that it is not provided for in the Criminal Procedure and Evidence Act that an accused person can plead to a charge then raise issues afterwards.
Musindo Hungwe, Nemaisa’s lawyer then indicated that they might proceed to make an application for referral to the Constitutional Court on the next remand date.
The matter was deferred to February 28.
Detective Inspector Nemaisa was summoned to court to answer on assault charges after he violently arrested CIO ‘informer’ Delish Nguwaya at Harare Magistrate’s Court leaving him with a broken arm last year.
The State alleges that sometime in August, last year, Detective Inspector, Nemaisa reportedly violently snatched Nguwaya from the courtroom before dragging him down a flight of stairs while handcuffed after he (Nguwaya) had come to Harare Magistrates Court for trial on allegations of possessing cocaine and extortion to which he was the accused.
When the presiding magistrate, Noel Mupeiwa entered the court room for the trial, he was dismayed by the behaviour of the police officers, ordered Nguwaya to be presented before him within 30 minutes but to no avail.
Magistrate Mupeiwa had no option but to remove Nguwaya from remand in absentia.
It is alleged after being snatched from the courtroom, Nguwaya was bundled at the back of a black Isuzu truck without registration plates which immediately sped off.
His lawyers unsuccessfully tried to save their client before lodging an urgent complaint at the High Court.
After watching the video clips showing police brutality and the degrading inhuman conditions that Nguwaya was subjected to, Justice Charles Hungwe found the arrest unlawful. In a document signed by advocate Tasorora Musarurwa, the lawyers described the police’s conduct as unconstitutional. Nguwaya was then released through a High Court order.
The informer (Nguwaya) was recently at the centre of a corruption storm involving CIOs operatives and senior police officers in which he was whistle-blowing on to bosses’ graft.