Fugitive arrested while trying to sue police
Published: 2013 May 14 22:47:56 (5153 Views)
A Rusape man on Monday fell into the hands of detectives who had been looking for him for years while visiting the High Court to pursue a civil suit against the police.
Cosmas Nyambara of Farm 119 Dowa, Zimbabwe was jailed for gunning down his brother over an inheritance dispute by former High Court judge Justice Fergus Blackie in 2000 and he immediately filed an appeal at the Supreme Court.
He failed to persue his appeal within the proscribed time frame prompting the registrar of the Supreme Court to declare the application abandoned and he subsequently dismissed it.
By operation of law Nyambara was supposed to be committed to prison after the dismissal of the appeal in 2003 but he could not be located.
Justice Chinembiri Bhunu committed Nyambara to prison after hearing submissions from both the State and the convict. He will now serve the 15-year sentence.
The visibly shaken Nyambara, while standing in the dock, stammered while narrating his case. He told the court that the police arrested him as a way of barring him from claiming damages in a case he was mistakenly shot around 2009.
"I was shot by detectives from homicide who had mistaken me for the late armed robber, Gift Tyres. They later established that I was not Gift Tyres, but no compensation was made for the gunshot wounds that I suffered.
"The police had my addresses and they never visited me to serve me with a warrant of arrest. It is only after I decided to sue the police that the detectives ambushed me. They wanted to make sure that I do not prosecute the civil claim for damages," said Nyambara.
Nyambara said he did not know about the warrant of arrest and that if he had known about it he would have surrendered himself to the police.
He also pleaded with the court for lenience saying he was the one taking care of his late brother's wife and children, but Justice Bhunu said he could not review the sentence that was confirmed by the Supreme Court.
Justice Bhunu also told Nyambara that he was at liberty to pursue his lawsuit against the police from prison.
Prior to the murder incident Nyambara and his late brother Thadeus had a long-outstanding dispute over the estate of their late father.
They were fighting over heirship of Farm 119 Dowa. On June 22 1999, Nyambara received information that his brother had taken a tractor and a water pump from the farm to his homstead in Hwedza.
Nyambara armed himself with two loaded guns and drove to Hwedza where he stormed his brother's homestead.
He shouted at his brother ordering him to come out of the hut. The brother came out and Nyambara chased him for a distance before he shot him in the shoulder and the rib cage and he died instantly.
- Herald
Cosmas Nyambara of Farm 119 Dowa, Zimbabwe was jailed for gunning down his brother over an inheritance dispute by former High Court judge Justice Fergus Blackie in 2000 and he immediately filed an appeal at the Supreme Court.
He failed to persue his appeal within the proscribed time frame prompting the registrar of the Supreme Court to declare the application abandoned and he subsequently dismissed it.
By operation of law Nyambara was supposed to be committed to prison after the dismissal of the appeal in 2003 but he could not be located.
Justice Chinembiri Bhunu committed Nyambara to prison after hearing submissions from both the State and the convict. He will now serve the 15-year sentence.
The visibly shaken Nyambara, while standing in the dock, stammered while narrating his case. He told the court that the police arrested him as a way of barring him from claiming damages in a case he was mistakenly shot around 2009.
"I was shot by detectives from homicide who had mistaken me for the late armed robber, Gift Tyres. They later established that I was not Gift Tyres, but no compensation was made for the gunshot wounds that I suffered.
"The police had my addresses and they never visited me to serve me with a warrant of arrest. It is only after I decided to sue the police that the detectives ambushed me. They wanted to make sure that I do not prosecute the civil claim for damages," said Nyambara.
Nyambara said he did not know about the warrant of arrest and that if he had known about it he would have surrendered himself to the police.
He also pleaded with the court for lenience saying he was the one taking care of his late brother's wife and children, but Justice Bhunu said he could not review the sentence that was confirmed by the Supreme Court.
Justice Bhunu also told Nyambara that he was at liberty to pursue his lawsuit against the police from prison.
Prior to the murder incident Nyambara and his late brother Thadeus had a long-outstanding dispute over the estate of their late father.
They were fighting over heirship of Farm 119 Dowa. On June 22 1999, Nyambara received information that his brother had taken a tractor and a water pump from the farm to his homstead in Hwedza.
Nyambara armed himself with two loaded guns and drove to Hwedza where he stormed his brother's homestead.
He shouted at his brother ordering him to come out of the hut. The brother came out and Nyambara chased him for a distance before he shot him in the shoulder and the rib cage and he died instantly.
- Herald
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