THE private prosecutor in a case in which Bikita West legislator Munyaradzi Kereke is accused of rape yesterday insisted the politician was guilty as charged. In his closing remarks, Mr Charles Warara said Kereke’s defence was inconsistent. “In his defence accused said he was not in Zimbabwe in March and presented an alibi that he was in the United States of America,” said Mr Warara.
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“What is important is that Kereke must have presented his alibi to the police so that they investigate. “Accused did not tell the police of his alibi and never mentioned his absence from Zimbabwe and that is crucial. “His first time to mention his alibi was in this court such that there was no longer any time to investigate.”
Mr Warara said Kereke showed the court immigration stamps of the time he exited Zimbabwe to USA but failed to show his return. “Why did he not show the police his passport and why could he not demonstrate his return date from the trip?” he said.
“His defence, a 10-paged document, is mum on the day he returned, no reference of such crucial evidence. “This is quite a big question. Accused was not just sitting doing nothing all these years about this case, he went as far as investigate the doctor who examined the complainant. Why not get evidence about his trip which was crucial to this case?
“He admitted that there was no stamp on his passport saying the USA immigration official did not stamp but later made a U-turn saying his passport was swiped to register his return. “He is trying to twist things and bring fresh evidence. It is important to note that his alibi on rape charge is false and obtained illegally,” said Mr Warara.
He dismissed submissions by Kereke’s wife, Patience Muswapadare, his mother-in-law Anna Muswapadare and brother-in-law Vincent Muswapadare. “Subornation took place in preparing affidavits. It is the police who should have initiated the process.
“It is not logical that the trio went to the police and gave their evidence before the accused was questioned. “Their affidavits were commissioned by the same commissioner of oaths. “The medical affidavit that Kereke challenged is direct evidence that confirm the facts upon which this case is founded.
“His defence is categorised in three, alibi, political prosecution and that the complainants wanted to extort money from him. “Accused must go further and explain how those exonerate him from the charges.”
Magistrate Mr Noel Mupeiwa will pass judgment on July 11. Kereke is accused of raping a 13-year-old girl in 2010 and indecently assaulting her sister who was 15 years at the time. Meanwhile a Danhiiko Primary School teacher yesterday appeared in court for indecently assaulting his 20-year-old girlfriend, who is a student at Danhiko Secondary School, reports Fungai Lupande.
Ernest Mudzengerere appeared before Harare magistrate Mr Tendai Mahwe facing assault and indecent assault charges. He was issued with a warrant of arrest after failing to turn up in time for court but the warrant was later cancelled. His trial date was set for July 26.
The court heard that Mudzengerere and the complainant are in a relationship. Prosecutor Mr Sebastian Mutizirwa alleged that on May 28 this year around 2pm, Mudzengerere took the complainant to his home on the pretext he wanted to introduce her to his mother.
Upon arrival, he led the complainant into his bedroom and locked the door. He allegedly tried to kiss her but she resisted. Mudzengerere pushed her onto his bed and forcibly removed all her clothes.