A BULAWAYO-based traffic cop indecently assaulted his
uniformed female boss when he grabbed her by the waist before squeezing up
against her body in a sexually suggestive manner in full view of other police
officers.
The incident occurred almost two years ago at the Bulawayo
Central Traffic Police Station (Drill Hall). Some of the police officers who
witnessed the spectacle took pictures and circulated them on social media.
This emerged when sergeant Baliko Muhango (36) of Pumula
South suburb approached the High Court last week challenging the outcome of an
internal disciplinary hearing.
Sgt Muhango filed an application at the Bulawayo High Court
challenging the decision by his bosses to convict him under the Police Act.
In papers before the court, Sgt Muhango, who is a self
actor, cited Police Commissioner-General Godwin Matanga, Home Affairs and
Cultural Heritage Minister Cain Mathema and the trial officer only identified
as superintendent Z Mutize as respondents.
Sgt Muhango is seeking an order nullifying his conviction
and sentence, arguing that it was grossly irregular and not in accordance with
substantial justice. This follows the dismissal of his appeal against
conviction and sentence by Comm-Gen Matanga.
Sgt Muhango was convicted for contravening a section of the
Police Act (acting in an unbecoming or disorderly manner or in any manner
prejudicial to good order or discipline or reasonably likely to bring discredit
to the police service) by Supt Mutize and fined $5.
Aggrieved by both conviction and sentence, Sgt Muhango
appealed to Comm-Gen Matanga, arguing that the trial officer misdirected
himself and erred by attaching too much weight on the evidence of a State
witness who had an interest in the matter.
He argued that the State failed to prove its case beyond
reasonable doubt. Comm-Gen Matanga dismissed Sgt Muhango’s appeal prompting him
to approach the High Court for review.
In his founding affidavit, Sgt Muhango said the decision by
Comm-Gen Matanga to uphold the decision of the trial officer was inconsistent
with the interests of justice.
He said the trial officer relied on the evidence, which was
not credible and further argued that he failed to address the real and
substantial issues in his response to his notice of appeal.
“The first respondent (Comm-Gen Matanga) admitted when he
heard my appeal that the evidence of the witnesses was not credible and as such
was a hearsay. Notwithstanding these glaring inadequacies in the State case,
the first respondent went on to confirm the proceedings,” argued Sgt Muhango.
“Considering all the facts surrounding my trial, conviction
and sentence and subsequent confirmation of this decision, I wish to attest
that there was a travesty of justice.”
According to court papers, it was stated that on December
27, 2017 at around 7.46AM, the complainant who holds a rank of a Sergeant
Major, was at the Drill Hall charge office in police uniform intending to
declare her cash when Sgt Muhango, also in police uniform, approached her from
behind.
Sgt Muhango grabbed the female cop by the waist in a
romantic manner without her consent and rubbed his body against her buttocks.
The complainant tried to free herself, but Sgt Muhango tightened his grip on
her.
A colleague tried to intervene but failed and the two cops
continued to wrestle until the complainant eventually managed to disentangle
herself. One of the cops who witnessed the spectacle took pictures as the drama
unfolded and circulated them on their WhatsApp groups.
The complainant reported the matter to her superiors. Chronicle
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