POLICE detective, Joseph Nemaise, who stands accused of assaulting a Central Intelligence Organisation informer at the Harare Magistrates Court last year, claimed yesterday that he acted within the confines of the law in applying maximum force against the complainant who allegedly resisted lawful arrest.
In his defence, Nemaise told an Mbare magistrate that the complainant, Delish Nguwaya, was resisting lawful arrest when he used minimal force to arrest him.
“Complainant blatantly resisted arrest and accused person acted within the confines of section 42 of the criminal Procedure and Evidence Act in using minimum force to effect arrest and detention,” Nemaise’s lawyer Musindo Hungwe submitted.
Nemaise allegedly assaulted Nguwaya and broke his arm at the Harare Magistrates Court, where he was appearing on extortion charges and detained him, but the High Court issued an order for his immediate release saying the arrest was unjustified.
He denied claims that Nguwaya sustained injuries during the arrest.
But Nguwaya in his testimony told the court that he had resisted being cuffed because he was never advised of the reason for his arrest as required by the Constitution.
Nguwaya said Nemaise started assaulting him without even informing him of the reason for the arrest.
When the matter was brought to the High Court judge, Justice Charles Hungwe ordered Nguwaya’s immediate release after watching a video recording of the accused’s arrest.
Nguwaya was video-recorded lying on the floor handcuffed, while being dragged by Nemaise down the stairs from the second floor, before being bundled into a waiting truck and taken away to the police station where he was allegedly threatened with a gun.