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Tit-for-tat allegations in tooth tussle

2021-11-18  Obrien Simasiku

Tit-for-tat allegations in tooth tussle

A complainant, who walked away from a brawl minus some of his teeth, is accused of also taking a bite out of the law, as he and his family allegedly assaulted one of the eight suspects who attacked him in October. 

One of the accused, a police constable Clive Sifani Mukaya, was beaten in his room at the police barracks, where he was approached by the displeased complainant, Darrel Muyoba Liswani, and his family.

According to Zambezi police community affairs officer Kiscko Sitali, the incident happened on 15 November, where it is alleged Liswani, accompanied by his father and brother, went to the police barracks to confront Mukaya after they realised the case of assault grievous bodily harm (Liswani) opened has been shot down by the prosecutor general. 

The attack is considered revenge and a way to seek remorse, as he felt justice was denied when the prosecutor general failed to allow for prosecution in the assault case he registered against his attackers. 

“Mukaya was confronted and beaten in his room, where it is alleged that the father held him by the hands, while the sons assaulted him and had to be rescued by colleagues. He has since opened a case CR125/11/2021 of trespassing, assault through threatening, common assault, as well as malicious damage to property. It is further alleged that his car (Mukaya) was hit with a bottle, and the keys were taken away. They have not returned the key up to date,” said Sitali, while refuting allegations that the police had a role in protecting one of their own.

Sitali said this assault happened in the afternoon after Liswani approached the investigating officer and the control prosecutor, complaining how his case was shot down – to which they all informed him there was nothing they could do anymore. 

“Yes, we confronted Mukaya to ask him why he has done[sic], and how the case could be turned down, while he knows fully what he did to me. Thereafter, a heated quarrel arose, but it’s not that we beat him up,” Liswani said when contacted for comment. 

Meanwhile, Sitali explained that another basis why the case was shot down could be the fact that the J88 medical report indicates Liswani only lost one tooth in contrast to the three he claims. 

“I am very disappointed to the core. As I am speaking, I don’t have three of my teeth. How can these people be switching statements? I had witnesses at the hospital when I was being examined. I am lost for words, as something is fishy,” fumed Liswani as he continued to vent his displeasure. 

“Statements were taken from all the suspects and witnesses, and together with the J88 were sent to the PG for a decision, to which the PG could not hold the alleged suspects accountable for the offence, thus declared nolle prosequi. The matter was investigated by the internal investigation unit,” stated Sitali, as he advised Liswani to ask for the docket to satisfy himself with statements. 

Liswani this week recounted to New Era he was attacked after he tried to replace a flavour on a hubbly pipe at Katima Mulilo’s famous chilling spot at First Chotto location when fate and a group of assailants struck on that dreadful day. 

He alleges a quarrel ensued, and he was hit with a bottle before others came to join in the assault. 

He further stated, while on the ground, Mukaya came to punch him on the mouth while wearing a knuckleduster, causing his teeth to fall out. 

Another concern Liswani raised, and making him question the fairness of justice, is that Mukaya continued to harass him over the phone, also boasting that nothing would happen to him. 

This, Liswani and his family concluded, Mukaya had a role in manipulating the statements and investigations. 

- osimasiku@nepc.com.na


2021-11-18  Obrien Simasiku

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