By Tendai Kamhungira
The police buckled under pressure on Thursday and freed a Central Intelligence Organisation (CIO) informer Delish Nguwaya, following High Court judge Charles Hungwe’s order for his immediate release.
His lawyer Jonathan Samukange confirmed the development to the Daily News yesterday.
“They released him yesterday (Thursday), but his hand was broken and I am in possession of the pictures showing that,” Samukange said yesterday.
Nguwaya’s arrest on allegations of undermining the police brought business to a halt on Wednesday at the Harare Magistrates’ Courts, after the police dragged the handcuffed man out of the court, prompting his lawyer to approach the court on an urgent basis to push for his immediate release.
Hungwe asked prosecutor Kenias Chimiti to explain if the police actions were justified under the circumstances.
“How did the applicant get floored ?” Hungwe asked after watching a video of the incident that took place in the full glare of members of the public.
Hungwe further asked if the actions were justified, even if they were laying any charges against him.
The video shows Nguwaya on the floor handcuffed, while being dragged by the police down the stairs from the second floor to the first floor.
Nguwaya’s cries drew a large crowd from the court, which is also shown in the video.
In the urgent chamber application, Nguwaya cited Commissioner-General of police Augustine Chihuri, detective sergeant Chatukuta and top detective Joseph Nemaisa as respondents.
In his submissions, Samukange said that his client was brutally tortured by the police, who later took him to hospital “fearing he might die in their hands”.
During proceedings, Samukange told the court that his client could have been subjected to overnight torture, before being taken to Parirenyatwa Hospital for treatment.
“The hospitalisation could have been a realisation by the torturers that the applicant (Nguwaya) could die in their hands hence the call for a MARS ambulance.
“There is need for a final order to be granted and that the second and third respondents (Chatukuta and Nemaisa) pay costs on an attorney client scale.
“Costs are being sought against second and third respondents because the Zimbabwe Republic Police as a service cannot act contrary to the Constitution, cannot instruct the second and third respondents to act unlawfully.
“The decision to act unlawfully and torture the applicant is a personal decision and they should face the consequences,” Samukange said.
He said the fact that the police officers took Nguwaya from court showed that they do not have respect for the courts.
“The conduct, if it’s allowed to continue, will result in chaos and total breakdown of the rule of law and the judicial system.
“The time has come for the court to indicate to these rogue police officers that they should be sent to prison so that they also feel the pain,” he said.
He further said that torture is an international offence, which can be reported anywhere else even outside Zimbabwe.
Nguwaya was recently at the centre of a corruption storm involving CIO operatives and senior police officers, in which he claimed he had been tricked by police to volunteer incriminating information as a witness before tables were turned against him after he “implicated” their bosses.
He was seized from court on Wednesday in dramatic circumstances which temporarily brought to a halt court proceedings.
The dramatic incident was sparked by Nemaisa who swooped on Nguwaya as he waited outside the courtroom for Harare regional magistrate Noel Mupeiwa to call him to take the stand.
Nguwaya screamed as Nemaisa and his team dragged him on the floor — forcing people to rush out of courtrooms to witness the spectacle — a rarity in the functions of both police and Office of the President who share mutual respect for each other’s roles in combating crime.
Nemaisa had pinned Nguwaya to the ground while summoning more manpower to try and subdue the CIO informer who was refusing to be handcuffed.
The detectives appeared not bothered by the swelling crowds and howls of disapproval from the public as they dragged Nguwaya down the staircase with his head perilously bumping against the staircase.
Nguwaya was bundled into a waiting truck and taken away to a police station. Daily News
