In a world where police enforcement is strict and consistent, one phenomenon that stands out as strange and controversial is whether or not it is right for police officers to telephone suspects.
This was recently raised by local city lawyer Mr Tinashe Tashaya of Singweni Legal Service during the bail hearing of multiple fraud suspect, Michael Ndebele.
During questioning, the lawyer suggested that contacting the suspect by phone was an anomaly, yet the Zimbabwe Republic Police insist this approach is part of their common procedural tactics.
The police reported Ndebele, who faces seven charges of defrauding several grain mills of thousands of dollars in botched deals.
Police insisted Ndebele was a flight risk, arguing that he had been uncooperative while conducting their investigations.
Detective Sergeant Cleaver Zaranika who was the investigating officer in the case argued that Ndebele refused to make use of the police station when he invited him to the police station by phone.
“He is likely to abscond, as we have made efforts to contact him to respond to the allegations and charges against him but he has refused to cooperate.
“He is deceptive and extremely absent. He is uncooperative because he refused to come to the police station when I phoned him,” Sergeant Zaranica said in court.
However, Mr Tashaya quickly shot down the argument for phoning suspects, saying there was no law allowing police officers to telephone suspects to benefit themselves.
During that case, it became clear to many people that the police were required to summon the suspect through a warrant or subpoena.
In an interview, Mr. Tashaya said police are required to follow specific standards to carry out arrests in accordance with criminal procedures and evidence. Represent.
“The law requires you to summon suspects or arrest them by summons. Calling a suspect is an unconventional and informal way of carrying out his duties,” he said.
“There is no legal obligation if a suspect does not present himself to the police station if the police contact him by phone,” Mr. Tashaya said.
He said it is against police protocol for officers to phone suspects directly, because that could harm the investigation and possibly violate the suspect’s rights.
“Police are required to follow appropriate procedures and protocols when conducting investigations, which may include obtaining a warrant or permission from a magistrate or magistrate to contact a suspect. Therefore, police are not permitted to telephone suspects without proper authorization,” Mr. Tashaya said.
He said that most police officers are either not familiar with the law or are just lazy in carrying out their duties.
“It is often easier and faster to ask someone to go to the police station under their own pressure, rather than to organize and rush them in,” Tashaya said.
However, when contacted by Bulawayo Provincial Police spokesperson for comment, Inspector Abedneko Ncube said phoning the suspect is part of police efforts in conducting investigations.
“If reported, the police use any means possible to conduct investigations. When the police call you to present yourself to the station, it does not mean that you are under arrest,” he said.
“It is completely up to you to answer the call. For some, once they are called or notified that they are wanted by law, they turn themselves in. Contacting the suspect is generally part of police efforts to conduct investigations,” said Inse Ncube.
A senior police officer who also requested anonymity said it was impossible for police to conduct investigations over the phone, but making a phone call was a way to communicate with the suspects as a way to help them in their investigations.
“I can’t interview someone over the phone, but if I explain to them that they’re a suspect and there are questions they might want to answer, they can schedule a time that suits them and be prepared.
“They may not even get arrested. The common misconception is that if we call someone, they will skip town. But if I phone you, I already know your name, address and phone number,” the police officer said.
