A Nyabira man has been attending court with his intestines protruding after bullets from a policeman’s firearm ripped open his belly when he allegedly tried to disarm the detective during a raid at his residence.
On Monday, High Court judge Justice Yunus Omerjee issued an order to the officer-in-charge of Harare Remand Prison to immediately take Boas Chiwanza to hospital after he appeared before the judge with protruding intestines held in a plastic bag.
Justice Omerjee called on the police to stop using firearms indiscriminately against suspects.
He said this during Chiwanza’s bail application when he appeared in court with his hands supporting the protruding intestines.
The court order issued by Justice Omerjee reads:
“The officer- in-charge Harare Remand Prison is hereby directed to take all steps necessary for Boas Chiwanza to be admitted to hospital forthwith and in any event not later than sunset on Monday 22/11/10 to be treated urgently for his protruding intestines and to be held at such hospital for that purpose.”
He also emphasised compliance with the order by the prison authorities taking into account the seriousness of Chiwanza’s deteriorating health condition.
“This court shall be advised as to compliance with the form of the court order by the relevant authorities,” he ordered.
Chiwanza told the High Court judge that he had not received treatment since his stomach was ripped open two months ago
The police wanted to arrest him on allegations of stealing three motorcycles.
Chiwanza has been in remand prison since September with his innards hanging out.
Chiwanza is jointly charged with his brother Thomas Chiwanza and Collin Viano.
Chiwanza, who could hardly talk while holding his intestines in a plastic bag said: “For six weeks I have been going to the prison hospital and each time I go there I am told there are no doctors or I would have arrived late.”
Sources at the High Court said it was not the first time that Chiwanza had appeared before the High Court carrying his intestines in a plastic bag.
“Last time, he was here before another judge, but his plea for medical attention was brushed aside after the judge told him to talk to prison authorities but nothing seems to work for him,” a court official said on condition of anonymity.
According to police investigations, Chiwanza was arrested in November 2008 on allegations of stealing three motor cycles in the company of his brother Thomas and Viano at Solar Farm in Nyabira.
After his arrest Chiwanza is alleged to have led the police to the recovery of one motorcycle in Bindura and later led them to Muzarabani where he had allegedly sold the other two bikes.
It is alleged that while in Muzarabani, Chiwanza escaped from police custody and for two years he has been on the run while police attempts to bring him to book proved fruitless.
Two months ago, the police received information that Chiwanza was back at his residence in Nyabira and they raided the place. On the day in question, the detectives ambushed Chiwanza at Lumanga Farm compound where the raid almost turned fatal.
It is alleged that once cornered Chiwanza allegedly tried to disarm a policeman and was shot in the process.
Justice Omerjee granted Chiwanza’s brother and Viano $50 bail each, but denied the seriously injured Chiwanza bail on the basis that he was the one who allegedly orchestrated the crime.
Tozivepi Mapfuva represented the state.