There was drama at Mbare Magistrates’ Court yesterday as a group of youths demonstrated against detective Joseph Nemaisa who had appeared there on assault charges. They held placards inscribed “No to police brutality” and charged towards Nemaisa, with some calling him a murderer.
Nemaisa was summoned to appear before Mbare magistrate Sharon Rakafa for allegedly assaulting a Central Intelligence Organisation informer Delish Nguwaya in August last year.
Nguwa reportedly sustained a fractured arm after being dragged from the third floor of the Rotten Row Mangistrates’ Court to the ground while cuffed, in full view of the public.
When the charge was read out to Nemaisa, he was hesitant to enter a plea and denied any knowledge of the court proceedings, claiming he was hearing about the matter for the first time.
Prosecutor Tafara Chirambira interjected and demanded that Nemaisa gives his position on whether or not he was admitting to the charge.
“…either they are going to enter a plea or not or the accused person makes it clear if they are refusing to plead so that we proceed accordingly,” Chirambira said.
Nemaisa denied the assault charges and claimed he was unlawfully before the court because he was never arrested or charged for the alleged offence.
“The accused person was not arrested but only received summons which caused him to appear in court today. The procedure entitled to every accused person has not been followed.”
“The Constitution requires that an accused person be informed promptly of the charge in sufficient detail to be able to answer to it.”
Nguwaya has been 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.
On the day of the attack, Nemaisa and his team dragged Nguvaya 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 resisting arrest.
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 where he was allegedly threatened with a gun before the High Court ordered his release from Nemaisa’s custody. DailyNews
