The High Court in Bulawayo has acquitted five police officers of the murder of Nkululeko Banda, a suspected armed robber who died in police custody in March 2021. The officers, Herbert Kanyinji, Bornwell Mahachi, Amiga Shumba, Norge Rapayi and Mbekezeli Bhebhe, were accused of killing Banda after he allegedly resisted arrest.
The court heard that on March 30, 2021, the five officers, part of a seven-member police team, were tasked with tracking down and arresting Banda, who was suspected of being involved in a string of robberies in Bulawayo and Esigodini. Armed with AK-47 assault rifles, they stormed Banda’s home, barging into his bedroom where he was asleep with his wife, Rejoice Nyathi.
Banda’s wife, who was the first witness in the trial, testified that she fled the room as she could not bear to watch her husband being assaulted. She later returned to find drag marks in the yard, indicating that Banda had been dragged away.
Nyathi, however, admitted that she was unable to identify the officers who stormed their bedroom and could not dispute the discharge of a gun under whatever circumstances.
The court heard that after apprehending Banda, the officers drove him to United Bulawayo Hospitals (UBH) where he was declared dead on arrival. The officers claimed that upon entering Banda’s bedroom, they sought to confirm his identity. Banda allegedly sprang up and tried to disarm Shumba, resulting in a scuffle.
The officers claimed that Banda resisted arrest and a struggle ensued until he was eventually subdued and his hands tied. They alleged that Banda managed to escape but was apprehended again and driven to Claremont on a recovery mission, as it was believed a firearm was hidden there.
According to the officers, Banda suffered a seizure along the way, and as his condition deteriorated, they drove him to UBH where he was pronounced dead.
Banda’s stepfather, as well as nurses who attended to him at UBH, testified that Banda was already dead when he was brought to hospital. A post-mortem conducted by Juana Rodriguez Gregori gave the cause of death as asphyxia, occlusion of airway due to neck constriction.
Justice Evangelista Kabasa, presiding over the case, ruled that the visible marks on Banda’s body might have been a result of his skin rubbing against a rough surface, pointed or sharp objects. The judge questioned whether these marks could have occurred inside the bedroom when the gun was discharged, as 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,” Justice Kabasa ruled.
“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.”
Justice Kabasa concluded: “Consequently, the five accused are found not guilty and acquitted.”
