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Fidelis Munyoro Chief Court Reporter
Police’s bid to exclude the media from covering the case in which five constables are challenging the retraining they are required to do after serving sentences in detention barracks for misconduct hit a snag yesterday after the High Court rejected the request.

The five, who were taken to Morris Deport after serving their sentences at Chikurubi for separate acts of misconduct, are claiming that the retraining amounts to unlawful detention and torture.

They are Constables Tichivanhu, (force number 061763H), Charumbira (064364k), Chikwasha (065740F), Mabvundwi (067736A) and Masunda (071728P).

Mr Tineyi Dodo of the Attorney-General’s Office, who is appearing for the State, had moved a motion to exclude the media from covering the inquiry, arguing that it was in the interest of justice.

But Justice Francis Bere threw out the request, saying there was no legal basis to bar the media from covering the inquiry.

He allowed the police application to have Constables Tichivanhu, Charumbira and Chikwasha recalled to testify afresh and give Senior Assistant Commissioner Grace Ndebele a chance to respond to the allegations levelled against her by the five, who accuse her of the abuse, torture, inhuman and degrading treatment they allege to be suffering while in detention.

The defence attorney Mr Norman Mugiya agreed to the request, saying it would not prejudice his clients’ case.

Justice Bere then postponed the case to Monday to allow Snr Asst Comm Ndebele to appear before him to defend herself.

After the court adjourned yesterday, Constable Mabvundwi reported assault cases against Snr Asst Comm Ndebele and Superintendent Mawone under RRB 2172871 and 2172869 respectively.

Both reports were made at the Harare Central Police Station.

The police are defending the retraining, denying that it is a further punishment, but, rather, that it meets a need.

Tichivanhu, Charumbira and Chikwasha told Justice Bere on Tuesday that they were taken to Morris Deport after serving their sentences at Chikurubi for separate acts of misconduct.

This, they said, was done under the guise of retraining exercise to keep them abreast with “the ever-changing policing trends and requirements”.

In their testimonies, the three accused Snr Asst Comm Ndebele of inflicting inhuman and degrading treatment on them.

Tichivanhu told the court that they would be asked to do odd things.

“We are subjected to torture in the form of ground butting on a slab with our legs up,” Tichivanhu told Justice Bere during the inquiry on Tuesday.

“We would be ordered to accompany Senior Assistant Commissioner Grace Ndebele from the parade to her office in crawling and frog-jumping positions.”

Tichivanhu said during the torture, they would be reminded that they were being governed by “junta law” while in detention.

Police denied the allegations, arguing that the five served their sentences at the detention barracks and were now undergoing retraining for a minimum of six weeks up to a maximum of three months.

The force also argued that the five were being retrained in terms of a circular which introduced retraining after a needs analysis was undertaken.