THREE police officers manning a roadblock along the
Harare-Masvingo road allegedly pulled out a firearm and threatened to shoot a
10-year-old farm girl together with her parents after the minor picked up their
plastic bag containing “bribe” money hidden in a rubbish pit.
The trio allegedly pointed the firearm at the victims to
instill fear in them and handcuffed them before threatening to assault them
with a baton in an effort to recover their loot.
The three cops later appeared before a police tribunal and
were convicted after a full trial in terms of the Police Act and each sentenced
to 14 days imprisonment at the detention barracks.
Prior to the applicants being charged in terms of the
Police Act, they had already been charged in terms of the Criminal Law
(Codification and Reform) Act before the charges were withdrawn before a Harare
magistrate due to lack of evidence.
This emerged when the three police officers, only
identified as Assistant Inspector Mahleka, Sergeant Ndlovu and Constable
Hamadziripi, through their lawyer Mr Norman Mugiya of Mugiya and Macharaga Law
Chambers, filed an application at the Bulawayo High Court seeking an order nullifying
their conviction and sentence.
They cited the trial officer, Superintendent Donald Robson
and Police Commissioner General Godwin Matanga, as respondents.
Former High Court judge, Justice Francis Bere, now on the
Supreme Court bench, dismissed their application and condemned their conduct.
“Disciplinary proceedings under section 35 of the Police
Schedule to the Police Act are an essential aspect of maintaining discipline in
the police force. Police officers must be reminded that just like any other
employee are subject to disciplinary action by their superiors. The court
cannot be used as a shield against impending disciplinary action and will only
step in where there had been a clear violation of the police officer’s rights,”
he said.
Justice Bere said evidence tendered before the disciplinary
hearing suggested that it sustains a criminal conviction against the three
cops.
“There is no sound reason why the criminal prosecution has
not been pursued to finality. I strongly recommend that the Prosecutor-General
revisit this case if it had been closed for lack of evidence. The evidence of
criminal conduct is there in abundance,” he said.
Justice Bere said there was nothing wrong with a police
officer being charged in terms of the criminal law and then being disciplined
in terms of the Police Act.
“There is no double jeopardy or dual prosecution to talk
about as the two processes are meant to achieve different results. The conduct
exhibited by the applicants in this case must be condemned by all fair-minded
people and it must continue to be exposed because shielding it will result in
the creation of a rotten and corrupt police force, which is a serious threat to
the maintenance of law and order in the country. Accordingly, the application
is dismissed with costs,” ruled the judge.
The three police officers said they were not supposed to
have been subjected to a disciplinary hearing after being tried in a fully
fledged criminal trial, arguing that it was tantamount to double prosecution.
They further argued that in terms of the law, a single
officer had no jurisdiction to try them by virtue of having been charged in
terms of ordinary law on the same allegations.
However, the respondents through lawyers from the Civil
Division in the Attorney-General’s Office, contended that the constitution
fully recognised a court or tribunal that deals with cases under disciplinary
law to the extent that the jurisdiction is necessary for the enforcement of
discipline.
They argued that dual prosecution was permissible as it
relates to the Police Act and criminal law arising from the same conduct.
According to court papers, it was stated that sometime in
December 2013, the three police officers were assigned to man a roadblock near
Manyame River along the Harare-Masvingo road.
Not far from where the three cops were manning their
roadblock, the 10-year-old girl from nearby Gilstone Farm in Beatrice picked up
a plastic bag at a dumpsite and took it home.
Upon opening the bag, the girl’s mother discovered that it
contained money in several denominations of various currencies. The money was
wrapped up separately in khaki and white paper.
It later turned out that the “parcel” which was picked by
the girl had been hidden in the dumpsite by the three cops.
Upon discovering that their money was missing, the three
police officers went to the farm where they allegedly pulled out their service
rifle and threatened to shoot their suspects.
They allegedly handcuffed the girl and her parents and
threatened to assault them with a baton stick in the event that the money was
not recovered. Out of fear, the suspects
returned the money.
However, upon the three cops’ arrest, there were suspicions
behind the possible origins of the money and how some security items in the
form of Z65J documents went missing at their roadblock. Chronicle
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