Magistrate refuses to preside over CIO spy assault case, gives no reason

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MBARE magistrate Sharon Rakafa last week recused herself from the trial of a top police officer Joseph Nemaisa who is accused of brutally assaulting a Central Intelligence Organisation informer last year.

The magistrate excused herself without giving any explanation over her decision before she remanded the case to March 26.

Nemaisa has several human rights abuse cases reportedly following him but has never been prosecuted.

In this case, he was only brought to court by way of summons six months after he attacked the informer Delish Nguwaya.

Court heard the untouchable cop refused to sign his warned and cautioned statement prompting the investigating to submit an incomplete docket to the National Prosecuting Authority.

According to the state, Nemaisa allegedly dragged Nguwaya from a courtroom where he was answering to extortion charges, assaulted him while he was handcuffed and dragged him down three staircases at Rottenrow Magistrates’ court in August last year.

It was a drama which brought business to a standstill at the courts as people rushed out of court rooms to witness the spectacular event.

After dragging handcuffed Nguwaya, Nemaisa, and his crew, bundled their victim into their truck before they proceeded to CID Homicide.

Curt heard he continued assaulting him damaging his cell phone and a wrist watch worth $2 000 in the process.

It is alleged that Nemaisa then produced a pistol and threatened to shoot Nguwaya if he continued exposing his workmates including one Shambare, Munonga, Superintendent Nyaradzai Majachani and Shepherd Tachiona.

Members of the public captured photos and videos of the incident which were later played before High Court Judge Justice Charles Hungwe who freed Nguwaya a day after the attack.

When he initially appeared before the court, vendors stormed Mbare court waving placards criticising Nemaisa’s brutality.