A FORMER Bulawayo homicide detective is demanding US$443 600 in damages from the country’s co-Home Affairs Ministers and ZRP bosses for “malicious arrest, detention and humiliation” following what he claims was a botched-up attempt by the police to cover up the deaths, in custody, of two armed robbery suspects.
Farayi Bazil Nyapokoto alleges that on March 10 last year, senior officers instructed him and other officers to cover-up a murder case which had occurred at the CID Homicide section of Bulawayo Central Police Station.
The court action cites co-Home Affairs Ministers, Kembo Mohadi and Theresa Makone, ZRP Commissioner General of Police Augustine Chihuri, Superintendent Milos Moyo, the Officer Commanding Camps, Chief Superintendent Mavis Nkomo, the Officer Commanding CID Bulawayo, and one Jefias Sibanda.
Detective Assistant Inspector Sibanda, Detective Constable Mugabe and Detective Shoko are also included among the defendants.
In his affidavit, Nyapokoto alleges that they were instructed to stage-manage a shoot-out with two suspected armed robbers, Andrew Jabulani Quinton Sibanda and Nehemiah Vumbunu, who had in fact died in police custody.
Nyapokoto says he then testified at an inquest into the deaths which opened at Tredgold Magistrates’ Courts on 9 July 2010 where he gave his version of events.
“Soon after giving evidence at around 11:15 am, I was approached by five officers including Detective Constable Mugabe and Detective Shoko who assaulted me in public and instantly handcuffed me. I was then taken into police custody, no charge was pronounced against me.
“I was detained in police custody from the day of my arrest to 12 July. A frivolous charge of perjury was preferred against me on 12 July on which I was taken to court for an initial remand. I was remanded in custody for a bail ruling as the police had opposed bail and was only released on bail on 14 July,” Nyapokoto said.
He adds that a day after his release on bail, and at the instance Chief Superintendent Mavis Nkomo and others, he was evicted from his official residence at Ross Camp without any notice or court order.
Nyapokoto says he had to approach the High Court through his lawyers on an urgent basis for an order restoring him back to his official residence. An order granted on 19 July restored him back into the official residence.
“In the process of defending myself in the malicious prosecution and in getting back to my official residence, I incurred legal costs to the tune of US$6 400 to find justice.
“At all material times, the defendants’ actions were wrongful and they were aware that their actions were illegal. The defendants were acting in the course and scope of their employment,” he wrote.
Charges laid against him were all withdrawn before plea and it is his contention that this because the charges lacked evidence.
He aloso says he was discharged from service on 16 June 2010 and but has since challenged the discharge adding the matter is still pending on appeal in the High Court.