Four members of the same family from Maora Farm in Karoi were sentenced to 12 months imprisonment each, by the Karoi Magistrates’ Court for “Defeating or obstructing the course of justice” after they bashed a cop who was carrying out his duties.
The charge of defeating or obstructing the course of justice refers to an offence where the intention of an accused, either through an act or omission, is designed to defeat or obstruct ongoing criminal proceedings.
As reported by the National Prosecuting Authority (NPA), Peter Charumbira (30), Hazvinei Charumbira (27), Shepherd Chandafira (30), and Eneresi Fore (50) were arrested after they assaulted and impeded Amos Kaitano, a police officer who was conducting his duties.
It is alleged that on 16 April 2024, at Maora Farm, Kaitano spotted the first accused person who was wanted by the Police in connection with a domestic violence case.
Kaitano informed the first accused person about his arrest and attempted to handcuff him. However, the first accused person resisted arrest grabbing the police officer’s handcuffs and hitting him on the head.
It is further alleged that the three other accused persons joined the brawl and assaulted Kaitano who sustained multiple injuries.
The four accused persons were each sentenced to 12 months imprisonment of which 4 months were suspended for 5 years. A further 8 months were suspended on condition that they perform 280 hours of community service.
The Criminal Law (Codification and Reform) Act [Chapter 9:23] defines Defeating or obstructing the course of justice in Section 184. It says:
(1) Any person who;
(a) by any act or omission, causes judicial proceedings to be defeated or obstructed, intending to defeat or obstruct the proceedings or realising that there is a real risk or possibility that the proceedings may be defeated or obstructed; or
(b) by any act or omission intentionally hinders or obstructs another person whom he or she knows to be an officer of court in the performance of his or her duties as such; or
(c) makes any statement, whether written or oral, in connection with any case which is pending before a court, intending the statement to prejudice the trial of the case, or realising that there is a real risk or possibility that the trial of the case may be prejudiced by the statement; or
(d) in the course of or for the purposes of judicial proceedings makes a false statement otherwise than upon oath, whether the statement is written or oral, knowing that the statement is false or realising that there is a real risk or possibility that the statement may be false; or
(e) knowing that a police officer is investigating the commission of a crime, or realising that there is a real risk or possibility that a police officer may be investigating the commission or suspected commission of a crime, and who, by any act or omission, causes such investigation to be defeated or obstructed, intending to defeat or obstruct
the investigation or realising that there is a real risk or possibility that the investigation may be defeated or obstructed; or
(f) makes a statement to a police officer falsely alleging that a crime has been committed or may have been committed, knowing that the allegation is false or realising that there is a real risk or possibility that it may be false; or
(g) resists, hinders or disturbs a police officer in the execution of his or her duty, knowing that the police officer is a police officer executing his or her duty or realising that there is a real risk or possibility that the police officer may be a police officer executing his or her duty; or
(h) intentionally agrees with another person that, in return for a reward, he or she will not report to a police officer the commission of a crime;shall be guilty of defeating or obstructing the course of justice…
