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Tendai Rupapa Senior Court Reporter
Five policemen who allegedly gouged a civilian’s right eye after assaulting him with batons at the intersection of Kenneth Kaunda Avenue and Julius Nyerere Way, Harare, in March this year, have a case to answer. Livingstone Zvimba, Tendai Musungambira, Sunday Nyaude, Khululekani Dale and Evans Mashonganyika pleaded not guilty to two counts of assault charges when their trial commenced.

They later made an application for discharge at the close of the State’s case before magistrate Mr Farai Gwitima. Mr Gwitima dismissed the application after ruling that the accused persons had a case to answer and must be put to their defence. He said prosecutors — Ms Dorah Moyo and Ms Sakhile Moyo — managed to prove a prima facie case against the five.

“After hearing submissions from both counsels, the court is convinced that the State managed to prove its case against the accused persons. The application is therefore dismissed and the matter to proceed to defence case,” he said. In their application for discharge, the gang argued that they were not the ones who assaulted the victim, adding that he failed to identify them as well. However, Mr Gwitima ruled that the five should be put to their defence because the State had managed to prove that they were at the crime scene when the offence was committed.

The case continues on Friday. It is the State’s case that on March 23, at around 8pm, the accused, who were clad in anti-riot gear, were controlling traffic at the intersection of Kenneth Kaunda and Julius Nyerere Way when one of them approached a couple Yvonne Magora (26) and Washington Gezana (32) who were standing nearby. They began assaulting Magora with a baton stick, which prompted her husband Gezana to intervene. He asked the police why they were assaulting his wife but they turned on him instead.

Gezana was struck with an unknown object on his right eye and he lost consciousness. On realising that they had seriously injured Gezana, the five fled to a police Defender pick-up and drove off, it is alleged. Gezana was rushed to Parirenyatwa Hospital where his eye was subsequently removed due to the severity of the injuries. His wife Magora also underwent medical examination. In another case, magistrate Ms Josephine Sande also dismissed an application for discharge by a policewoman who allegedly swallowed $10 bribe money. Ms Sande ruled that Grace Tsingano (35) an exhibit officer at CID Vehicle Theft Squad Southerton, Harare had a case to answer and should be put to her defence. Tsingano is facing a charge of criminal abuse of office.