Three killer cops spared death sentences after Supreme Court appeal

Three former Zimbabwe Republic Police (ZRP) members who were sentenced to death in 2014 by the High Court had their sentence overturned by the Supreme Court that ruled that they must be given jail terms instead of death.

The trio Kudzai Madziro, Leeroy Muteyera and Ronald Sambo, who were attached to the Police Support Unit in Harare were jointly convicted with a civilian, Emmanuel Dolosi.

In the recent judgement, the Supreme Court bench chaired by Hlekani Mwayera upheld the their appeal against a High Court judgement sentencing them to death, saying lower court judges erred in sentencing them to death.

“The Police officers ought to have protected and promoted the right to dignity which is enshrined in s 50 of the Constitution. The appellants deserved to be treated humanely and with respect for their inherent dignity and not to be compelled to make confessions.

“The trial court ought to have excluded such evidence as there was no adequate rebuttal of allegations of ill-treatment and assault,” said the judges in referring the convicts back to the lower court,” the Supreme Court ruled.

The judges noted that when cross-examined, Alfred Mhakayakora, a detective with the Criminal Investigation Department’s Homicide Section confirmed that the second appellant had swollen hands and had a missing tooth.

He also confirmed that he saw some dirt on the clothes of the third appellant.

“It is pertinent to note that the prison warrant in respect of the fourth appellant recorded that he had some injuries when he was admitted at Chikurubi maximum prison.

“One then wonders how he sustained those injuries. Additionally, the video on the indications did not run continuously as was confirmed by Alfred Mhakayakora.

“It raises questions on what was happening in between the intermittent recordings of the video. This is especially so when one considers the allegations of assault.

“Therefore, it cannot be ruled out in these circumstances that indeed the appellants were assaulted and tortured before being admitted to prison. In our view, there was inadequate rebuttal of ill-treatment and torture by the police.”

The judges however confirmed the conviction on the charge of murder, ruling that Madziro, Muteyera, Sambo and Dolosi were aware of the crime prior to its occurrence and were subsequently a part of its commission.

The four were found guilty of killing Edson Manembe at Gletwyn Farm in Chishawasha Highlands Harare, in 2010 in an unlawful enterprise to rob the Police farm.

During their trial, the court heard the four, together with Clever Ndlovu who was later killed during a shootout with police, entered the farm through a hole in the security fence, assaulted the guards and went on to shoot and kill Manhembe.

In their appeal they however argued that they were coerced to do so.

The Supreme court said the trial court should have conducted a thorough investigation into the four’s allegations of assault and torture by the police.

The judge said it cannot be said that the four deliberately set out to kill.

“However, the evidence renders them liable for murder in terms of s 47 (1) (b).

“Accordingly, the appeal against the sentence is allowed. The sentence of death is set aside and the matter is remitted to the same court for consideration of and the passing of an appropriate sentence in accordance with the law,” the judges ruled.