THE private prosecutor in the matter involving imprisoned former Zanu PF Bikita West MP Munyaradzi Kereke , Charles Warara, yesterday accused the businessman of misrepresenting facts and lying in his effort to be released on bail pending appeal against his 10-year effective jail term for rape.
Warara made the remarks before High Court judge, Justice Owen Tagu, while representing the State in a matter in which Kereke is seeking bail pending appeal on changed circumstances.
Kereke filed the application after his estranged wife, Elizabeth Sibanda, and two other relatives offered their properties as surety for his release.
But, Warara told the court Kereke had not been truthful with most of the information pertaining to the execution of his appeal, his properties and place of residence.
“The applicant tells this court a lie that he is estranged from Elizabeth Sibanda. He filed for divorce in this court and the two divorced and he wants this court to believe that they divorced and remarried and divorced and so on,” Warara said.
“His story is full of several women connected to him and that is why he has not been telling the court the truth about his proper place of residence. During the trial, he categorically said he divorced Elizabeth and now he claims they remarried. What is the truth? Our investigations have also established he is not telling the truth about the property he owns.”
Warara said during the trial, Kereke said he had three wives, but in his present application he said nothing pertaining to them only to insist on staying with his estranged wife.
“Our investigations have established that there are other wives staying at different addresses. Applicant is telling the truth in instalments. He knows if he tells the whole truth his situation will go from bad to worse.
“He is still of no fixed abode, why would he want to be looked after by an estranged wife if he is a man of means? These two are not married, they can go separate ways at any time,” Warara said.
Commenting on Kereke’s financial position, Warara said he had made investigations and established Kereke was in a serious financial crisis.
“The property mentioned in this matter does not belong to him. He is not directly involved. He tells the court he is not insolvent, but we have established he owes CBZ Bank over $1,7 million in loans and is in arrears. It’s not correct that he is not heavily indebted. He is going to lose property and there is no guarantee that he will not be a flight risk if granted bail,” Warara said.
Warara further said Sibanda owned a pre-school and releasing Kereke into her custody would not be proper, since he was convicted of abusing a 12-year-old.
Addressing the court on behalf of the convict, Advocate Thabani Mpofu said Kereke had prospects of success on appeal given a lot of inconsistencies in the girl’s evidence.
Mpofu said Kereke had surrendered all that he could in order to convince the court that he was now a suitable candidate for bail.
“Applicant (Kereke) is saying ‘I am giving you all that I have as security, you can chain me to the pole if you want, put me under house arrest, but remove me from custody’. We remain with our high prospects of success and a better security arrangement,” he said, adding his client was adamant he was not insolvent.
Judgment in the matter was deferred to Friday.-Newsday