Tendai Rupapa Senior Court Reporter
Jailed RMG Independent End Time Message leader Robert Martin Gumbura and his secretary Tendai Ganyani have applied for acquittal in a case in which the church leader is accused of raping a congregant with her help.
Gumbura, who is serving a 40-year jail term for raping several church members and Ganyani said they had no case to answer.
In their application for discharge at the close of the State case, the pair through their lawyers Advocate Thembinkosi Magwaliba and Ms Rekai Maposa, argued that there was no evidence on which the court could convict them as there were inconsistencies in the witness’ testimonies.
Adv Magwaliba said he would file his written submissions to support his application on July 7 and the State led by Mrs Kudzai Chigwedere undertook to respond on July 11.
Magistrate Ms Fadzai Mthombeni is expected to pass the ruling on July 15.
The State closed its case after calling four witnesses, including the investigating officer Constable Chido Chawanika.
In his evidence-in-chief, Constable Chawanika exonerated Ganyani.
He said when the 28-year-old victim reported the abuse, she did not mention Ganyani’s name, but accused Gumbura of abusing her.
During cross-examination by Adv Magwaliba, Chawanika told the court that the victim reported the matter to him voluntarily. The State alleged that Gumbura took advantage of the underprivileged girl and raped her with the help of Ganyani.
Ganyani allegedly ordered the girl to go into Gumbura’s office and locked the door from outside. After raping the girl, it is alleged, Gumbura phoned Ganyani to unlock the door.