POLICE Commissioner-General Augustine Chihuri faces arrest for contempt of court for defying an order to pay former detective Bazil Nyapokoto $64 000 in damages for victimisation after testifying against other detectives in an inquest.
SENIOR COURT REPORTER
Nyapokoto is pushing for his contempt of court application to be heard at the Bulawayo High Court against Chihuri and four of his subordinates.
The former detective’s lawyer, Tanaka Muganyi last week confirmed that they were pushing for a contempt of court order against the police boss and his subordinates.
“We are yet to submit heads of arguments and have the matter set down for hearing,” Muganyi said.
“We are also seeking the arrest and incarceration of Superintendent Pilate Moyo whom we have an order for his arrest, but we are finding little co-operation from the Bulawayo police who seem reluctant to arrest him.”
In February 2013, judge Justice Maphios Cheda ordered Bulawayo police commander Senior Assistant Commissioner Steven Mutamba to arrest Moyo and deliver him to the nearest prison to serve 90 days for defying a court order instructing that his property be attached by the Deputy Sheriff for victimising Nyapokoto.
Moyo defied an order by Justice Cheda in 2011 after he blocked the Deputy Sheriff from attaching his property to pay Nyapokoto the damages and an order for his incarceration was subsequently issued by the same judge.
Moyo had been sued by Nyapokoto for work-related victimisation.
However, Chihuri intervened and filed an application for rescission of judgment on March 6 2013 seeking to shield Moyo for contempt of court.
In January this year, Justice Martin Makonese ordered Chihuri to comply with the directive to pay the damages, but the top cop has defied the judge’s order.
Justice Makonese had dismissed with costs an application by Chihuri to rescind the judgment.
Chihuri conceded that the force would pay $64 000 in damages to Nyapokoto. Police agreed to pay the amount within two months, but Chihuri made an about turn and filed an application for rescission of the judgment. The application for rescission was out of time and was accompanied by another application for condonation of late filing which Justice Makonese dismissed with costs.
Justice Makonese ordered the police to pay Nyapokoto damages putting a closure to a case that had been in court for three years.
Nyapokoto had been kicked out from his official residence at Ross Camp after testifying against his workmates in an inquest on the death of two armed robbery suspects.