High Court judge Justice Charles Hungwe ordered the police to immediately release Central Intelligence Organisation (CIO) informer, Delish Nguwaya after he ruled that his arrest was unlawful. Justice Hungwe also criticised the police for the manner in which they arrested Nguwaya, describing it as “absolute robbery” after watching a video of Nguwaya’s arrest. This followed an urgent chamber application by Nguwaya’s lawyer Jonathan Samukange.
Said Justice Hungwe
What offence did the applicant (Nguwaya) commit warranting such kind of treatment?
You talked of undermining the police, in what manner did he commit the offence? His lawyers were present, the police could have simply asked Mr Samukange to bring him to the police station after court.
The conduct is not expected of police officers. What I have seen on the video is not an arrest at all. In fact, it is robbery.
… does the charge (undermining police authority) the police had placed on him (Nguwaya) require such kind of treatment?
Had he placed a landmine under their feet or ridiculed them in a manner that deserved such treatment.
Justice Hungwe also warned Attorney-General’s representative Kenias Chimiti not to act like the police after the prosecutor tried to defend the police.
The judge said:
Your duty is to present facts as an officer of the court and not to behave like them (police officers).
More: NewsDay
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