A Gwanda man appeared in court for beating up cops in a bid to stop them from arresting his friend.
James Makaya of Spitzop Suburb and Claudius Magwidini who is at large hurled stones at the cops after they tried to arrest their friend only identified as Topenya for public nuisance.
Makaya pleaded not guilty to charges of obstructing the course of justice and assaulting a peace officer when he appeared before Gwanda magistrate, Miss Nomagugu Ncube but was convicted due to overwhelming evidence.
For the first count he was ordered to have paid a $50 fine by December 20 or he will spend one month in prison if he defaults. For the second count he was sentenced to six months imprisonment of which two months were suspended on condition that he does not commit a similar offence within the next five years. The remaining four months were suspended on condition that he performs 140 hours of community service at Gwanda Magistrate’s Court.
Prosecuting, Takunda Mafudze said Makaya attacked the cops on October 7.
“Constable Absalom Gondwe and Constable Dzikamai Machada went to Phakama Business Centre on 7 October looking for Topenya in connection to a case of being drunk and acting violently and they found him with Makaya and Claudius Magwindini.
Makaya pulled Cst Gondwe in a bid to stop him from arresting Topenya. When the cops were escorting Topenya to the police station Makaya and Magwidini hurled stones at them and one hit Cst Gondwe on the arm,” he said.
Mafudze said as a result the two cops failed to apprehend Topenya and they had to call for reinforcement.
In his defence Makaya denied obstructing the cops from arresting Topenya and assaulting them.
“When the cops arrived I was with Topenya and Claudius. The cops indicated that they wanted to escort the two of them to the police station but they resisted.
“The police tried to drag them along but they again resisted. I realised that what Topenya and Claudius were doing was wrong and I advised them to go with the cops.
“Topenya and Claudius then hurled stones at the cops and fled. One of the police officers came to me and accused me of assaulting them. I tried to explain that I was just a bystander but he didn’t entertain me and went on to handcuff me,” he said.