WE PICKED RIZWANI PATEL AT 23;00HRS AND TOOK HIM TO A BUSH NEAR CHAWAMA BUT WE DIDN’T TORTURE HIM-DETECTIVE
Verbatim
Emmanuel Mwamba VS The People
Witness PW4- Detective Joseph Kapasa
Continued Trial
Makebi Zulu-Have you filed your defence in the matter where Amb. Emmanuel Mwamba has sued the Attorney General and you?
Joseph Kapasa- No Your Honour.
Makebi Zulu- Do you remember the case of Rizwani Patel.
Joseph Kapasa- Yes I do Your Honour.
Makebi Zulu- You were also investigating Mr. Rizwani Patel for false publication of information. You picked Mr. Rizwani Patel from Petauke.How long did you keep Mr
Rizwani Patel in police Custody
Joseph Kapasa- I can’t remember.
Makebi Zulu- Rizwani Patel has also sued you.
Joseph Kapasa- Yes
Makebi Zulu- Rizwani Patel also complained to court that you assaulted him and brutalized.
Joseph Kapasa- those are his claims.
Makebi Zulu- Do you remember that you picked Rizwani Patel from Libala Police Post at 23;00hrs?
Joseph Kapasa- No, I didn’t.
Makebi Zulu- produces the Libala Police Post. Witness read the details.
Joseph Kapasa -protests..he refused to read the entry…Your honour may I…
Makebi Zulu- Read the entry, read the entry.
Joseph Kapasa- Detective Joseph Kapasa, accompanied by Sindoyi, Banda picked up and booked in male Patel Rizwani Daud, got the offence of publication of information and transferred to Police Service Headquarters for interviews at 23;00hrs.
Makebi Zulu; According to that entry, what time did you pick up Mr. Rizwani Patel
Joseph Kapasa -23;00hrs.
Makebi Zulu; Do you now remember that you picked him up at 23;00hrs.
Joseph Kapasa- Yes I remember with what I’m reading.
Makebi Zulu- He said you took him to a nearby farm, tortured him, shot a gun.
Joseph Kapasa- no. He revealed that the person that gave him documents lived in Chawama area near Lilayi.
Makebi Zulu- Where did you take him?
Joseph Kapasa- we took him to Chawama.
Makebi Zulu- You pick him at 23;00hrs, signed off that you are taking him to Service Headquarters but you took him to the bush in Chawama.
Joseph Kapasa- We took him to where he was leading us.
Makebi Zulu- You signed off that you were taking him to Service Headquarters. Show us an entry that show that you took him back to Libala Police Post after you were done with interviews.
Joseph Kapasa-…checks and checks….there is no entry.
Makebi Zulu- in this case Mr. Brian Chipango, Steven Simwenda and Joseph Kapasa who witnesses here were also sued by Rizwani Patel for torture.
Makebi Zulu- Produces a document. That is the complaint against you to the Police and Public Complaints Commission. The complaints relates to how you brutally treated him when you picked him at Jamies Commission.
Joseph Kapasa- I’m not mentioned.
Makebi Zulu- there are consistent legal suits and complaints to authorities about you.
Joseph Kapasa- those are claims.
Makebi Zulu- apart from you and your friends, do you have any civilian or any other person who witnesses the event can testify that Mr. Mwamba assaulted the Police Officer.
Joseph Kapasa- I’m not aware.
Makebi Zulu- your colleagues was before this court. He testified that members of the public who took and filmed the event, you confiscated the phones.
Joseph Kapasa- I’m not aware.
Makebi Zulu- is Hon. Stephen Simwenda a liar?
Joseph Kapasa- no he is not.
Makebi Zulu- how many police officers were present?
Joseph Kapasa- there could have been more. It’s a public place.
Makebi Zulu- who confiscated the phones?
Joseph Kapasa- I don’t know.
Makebi Zulu- isn’t true that there were 3 vehicles that came to the car wash in the operation.
Joseph Kapasa- I’m not aware.
Makebi Zulu- who assaulted Mr. Mwamba, Mr. Rizwani Patel?
Joseph Kapasa- No one.
Makebi Zulu- Do you know Mr. Thomson Phiri.
Joseph Kapasa- Mr. Phiri has also sued you, the Attorney General?
Joseph Kapasa- I’m not aware.
Makebi Zulu- Mr. Mwamba was arrested for allegedly false publication in June 2023.
Joseph Kapasa-Yes.
Makebi Zulu- has that case been taken to court.
Joseph Kapasa-Im.not aware.
REEXAMINATION
Prosecutor; You wanted to say something about the Occurrence Book.
Joseph Kapasa- Yes Mr. Rizwani Patel was taken from Ridgeway Police Post.
Prosecutor; on the pictures shown to you, is there a date?
Joseph Kapasa- No, there is no date.