Police detective Joseph Nemaisa, who is facing assault charges, allegedly refused to sign a warned and cautioned statement in a bid to frustrate his prosecution over the case, a court heard yesterday.
Nemaisa was summoned to appear before Mbare magistrate Sharon Rakafa following an incident in which he assaulted a Central Intelligence Organisation (CIO) informer Delish Nguwaya and allegedly fractured his arm in August last year.
He has since challenged his placement on remand, arguing his prosecution was unlawful because he was never arrested or warned about the charges being levelled against him.
Prosecutor Tafara Chirambira said the investigating officer was prepared to testify that Nemaisa used his influence and refused to sign a warned and cautioned statement detailing allegations against him.
“The last time the accused person appeared in court he was represented by another lawyer who claimed to raise constitutional issues pertaining his client’s court appearance. However, surprisingly the new lawyer is now raising new issues about the warned and cautioned statement,” Chirambira said.
“The investigating officer has made it clear that the accused refused to sign his statement and will testify to that effect in court. The defence lawyer will have an opportunity to cross examine him. They can’t contest State’s outline of events that is for the trial.”
Nemaisa’s lawyer Musindo Hungwe argued that some of the information included in the State’s documents was false and demanded that the National Prosecuting Authority accords them an opportunity to peruse his client’s docket.
“The narration of events given by the State in its outline is based on hearsay and does not give an objective account of events. The State has exhibited a contemptuous attitude in the manner documents were created.
“The National Prosecuting Authority should release the docket to us and we are making that application,” said Hungwe.
Nguwaya has been at the centre of a corruption storm involving CIO operatives and senior police officers, in which he claimed he had been tricked by police to volunteer incriminating information as a witness before tables were turned against him after he “implicated” their bosses.
On the day of the attack, Nemaisa and his team dragged him on the floor — forcing people to rush out of courtrooms to witness the spectacle — a rarity in the functions of both police and CIO officers who must share mutual respect for each other’s roles in combating crime.
Nemaisa had pinned Nguwaya to the ground while summoning more manpower to try and subdue the CIO informer who was resisting the handcuffs.
The detectives appeared not bothered by the swelling crowds and howls of disapproval from the public as they dragged Nguwaya down the staircase with his head perilously bumping against the staircase.
Nguwaya was bundled into a waiting truck and taken away to the police station where he was allegedly threatened with a gun before the High Court ordered his release from Nemaisa’s custody.