Five Police Officers Acquitted Of Killing Suspected Armed Robber
Five police officers in Bulawayo accused of killing a suspected armed robber have been cleared by the High Court.
The officers—Herbert Kanyinji, Bornwell Mahachi, Amiga Shumba, Norge Rapayi, and Mbekezeli Bhebhe—pleaded not guilty, and Judge Justice Evangelista Kabasa acquitted them.
According to the court papers, seen by NewsDay, on March 30, 2021, the five officers were part of a team sent to arrest Nkululeko Banda, who was suspected of several robberies in Bulawayo and Esigodini.
Armed with AK-47 rifles, they forced their way into Banda’s home, arrested him, and allegedly assaulted him.
After taking him away around midnight, they brought him to United Bulawayo Hospitals, where he was declared dead on arrival.
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In court, the officers explained that when they entered Banda’s bedroom, he tried to disarm Shumba, leading to a struggle.
They claimed they subdued him and tied his hands but said he later broke free. They then took him to Claremont on a recovery mission, believing he had a hidden weapon.
During the trip, Banda reportedly had a seizure. As his condition worsened, they took him to the hospital, where he was pronounced dead.
Witnesses included Banda’s wife, Rejoice Nyathi, who said she ran out of the room during the assault but later saw drag marks in the yard.
She admitted she couldn’t identify the officers and didn’t dispute the gun discharge.
Banda’s stepfather and hospital nurses also testified. The nurses said he was already dead when brought in.
A post-mortem indicated that the cause of death was asphyxia due to neck constriction.
Justice Kabasa noted that the marks on Banda’s body could have come from rubbing against rough surfaces or sharp objects. She said:
Could this not have occurred inside the bedroom at the time the gun was discharged under the circumstances described by the accused?
Unfortunately, the only witness who could have assisted was deceased’s wife, but she had left the room. The deceased did not live to tell his side of the story.
We have already stated that the nature of the assault is not linked to the cause of death. There is no nexus linking the accused’s actions to the cause of death.
We were left with more questions than answers as to when and where and who strangled the now-deceased.
The charge that the accused is facing of murder requires the State to prove that the accused unlawfully and intentionally caused the death of the deceased.
It is for these reasons that we came to the conclusion that the State failed to prove its case beyond reasonable doubt, entitling the accused to an acquittal.
Consequently, the five accused are found not guilty and acquitted.
More: Pindula News
