TWO police officers from Masvingo tortured a man to death after he had won a fight against one of them following a row over a fake $5 note. Brian Magama, 34, and Isaac Kachena, whose age was not given in court, severely beat up Luckson Muringani of Chivhiko Village under Chief Sengwe for the whole night at Chibwedziva police base in 2010.
Muringani later died in hospital after sustaining a fractured skull during the prolonged assault. Kachena is on the run.
Supreme Court Judge Justice Susan Mavhangira on Friday heard how the duo used truncheons and kicked and punched Muringani for more than 10 hours.
Justice Mavhangira is back in Masvingo on circuit to clear outstanding High court cases.
Magama had pleaded not guilty to a charge of murder but Justice Mavhangira, sitting with assessors Samuel Mutomba and Joseph Mushuku, convicted him due to overwhelming evidence.
Sentencing him to 16 years in prison for murder with actual intent, Justice Mavhangira said it was clear that Magama and Kachena intended to kill Muringani.
“The fact that you tortured a defenceless person for the whole night brazenly shows your hard heartedness.
“Being a police officer is never a passport for depriving a person of liberty and life. You’re held responsible for tarnishing the image of the police service. You could’ve used the law to bring him before the court in place of torturing him to death,” she said.
Justice Mavhangira said while the court would not lose sight of Magama’ young age when he committed the offence (he was 28-years-old), it had a duty to protect the sanctity of life.
“You committed a serious crime of spilling blood. You deserve a deterrent sentence that will send a clear message to other police officers not to take the law in their own hands.
“There is no law which gives you powers to kill suspects,” she said.
In his defence, Magama, who was represented pro deo by Frank Chirairo, argued that Muringani might have fallen off a moving vehicle days after the assault and possibly smashed his head, leading to his death.
The prosecutor, Elson Chavarika, said sometime in March 2010, Magama and Kachena tortured Muringani to death after accusing him of assaulting Kachena over a counterfeit $5 note.
Muringani died six days after the assault at Chiredzi Hospital.
“Sometime in March 2010, the fugitive, Kachena, had a misunderstanding with Muringani over a fake $5 which degenerated into a fist fight. Muringani emerged victorious. Kachena and Magama decided to take revenge on Muringani several weeks later, on April 17,” said Chavarika.
The court heard that the two police officers approached Muringani and dragged him out of a bottle store where he was relaxing with friends.
“The two force-marched Muringani to Chibwedziva Police Base where they took turns to brutally assault him with truncheons,” said the prosecutor.
“They kicked, punched and slapped him all over his body the whole night until the following morning.”
In the morning, Chavarika said, Muringani fainted and the two revived him by pouring cold water on him. He said the police officers continued beating Muringani after realising he had regained consciousness.
Chavarika said the cops released Muringani when they were about to knock off but he complained of pain and dizziness.
The court heard how family members rushed Muringani to Chibwedziva Clinic.
Due to his deteriorating condition, the nurses at the clinic referred him to Chiredzi Hospital where he was attended by a doctor on April 20 and discharged the same day.
“Muringani was discharged and went home but his condition didn’t improve after which he was taken back to Chiredzi Hospital where he died on admission,” Chavarika said.
A post-mortem report produced in court showed that he died from a fractured skull sustained during the torture.