MDC-T MP for Mkoba Amos Chibaya, who spent four days in prison, was on Wednesday remanded out of custody on $50 bail.
Chibaya immediately filed complaints against the police.
Gweru magistrate Meo Rubwe remanded the MP out of custody and set January 17, 2011 as the date of trial where he will answer allegations of contravening section 89 of the Criminal Law (Codification and Reform) Act (assault).
According to his lawyer Reginald Chidawanyika, a new charge, of defeating or obstructing the course of justice was pressed against Chibaya on Wednesday and he was made to sign a warned and cautioned statement.
Chibaya as a result now faces two charges. He was arrested by the police after party youths using his vehicle reportedly assaulted a known war veterans believed to be a soldier in Mkoba last weekend.
The MP through his lawyer said there was no justification for him to be brought before the CID law and order section at Gweru Central Police Station when he had already been released by police at Nehanda Police Station in Mkoba.
The lawyer also said the accused was not the first person to face the alleged assault charges and there was no need to treat him differently.
“From the time the accused was taken by the police to Nehanda Police Station in Mkoba and interrogated by police details from 2000hrs to 0200hrs on Sunday, he was advised to report at the police station again in the morning.
“Accused went to Nehanda Police Station at 0900hrs but was told to report to Gweru Central Police Station. Accused proceeded to Gweru Central out of his own volition. Members from the CID then interrogated him again on Sunday from 1000hrs to 1400hrs.
“Accused was then detained at Mtapa Police Station from Sunday up to today (yesterday) when he was brought to court. This is a record four days in police custody for assault charges and there is no justification for the police to treat him differently,” said Chidawanyika.
Chidawanyika said the accused’s constitutional rights had been violated by the police.
“Section 13 of the Constitution provides for the protection to the right of liberty. There was no need for the police to detain beyond the 48 hours limit. Section 15 provides for protection against inhuman treatment. There was no need for the police to continue detaining him when a statement had been extracted from him. This was just meant to torture, harass and humiliate accused. Section 18 (1) provides secure protection of the law. Given the nature of the assault charges there was no need to treat him differently. There is selective application of the law here,” said Chidawanyika.
Chidawanyika notified the court that on the next trial date, that is January 17, the defence would apply for the case to be referred to the Supreme Court on the basis of complaints about the way the accused was treated by the police.