Fungai Lupande Court Reporter
Zanu-PF Bikita West legislator Munyaradzi Kereke yesterday accused the private prosecutor Mr Charles Warara of adding an extra document, a medical report, into the court files, but the magistrate ruled that Kereke’s defence had already consented.
Kereke is facing charges of raping a 13-year-old girl in 2010 and indecently assaulting her sister, aged 15 at the time.
Kereke, who is represented by his lawyers Mr James Makiya and Mr Nathaniel Chigoro, asked the court to expunge from the court record a medical report of one of the girls.
“We apply for the document to be expunged on the basis that it was never requested by the police,” said Mr Makiya.
“The complainant self initiated a voluntary visit to Harare Central Hospital and that visit is not related to the present case.
“We noted the document was not among documents handed to the Prosecutor-General. It is an alien paper slipped in court records by the private prosecutor.”
Mr Makiya said he sought a court order to access call history of the two complainant’s Econet and Telecel mobile phones for the year 2010.
In response, Mr Warara said the two applications were destructive and an attempt to carry out investigations while the trial is in progress.
“A private prosecutor does not direct operation of the police neither can the police direct the work of a private prosecutor,” said Mr Warara.
“Counsel fell short seriously on their submissions. The police and Prosecutor-General’s Office were inactive not withstanding the conviction that the case was a prima facie against the accused.
“We never recovered the original documents from the Prosecutor-General’s Office. Why is it proper for the police and Prosecutor-General who assisted the accused not to be brought to justice to be the basis of the application? The defence consented for the medical report to be produced in court.”
In his ruling, magistrate Mr Noel Mupeiwa reiterated that the defence lawyers consented.
“It is the decision of the court at the close of the case if the document implicates the accused. However, the accused should be allowed access to the call history to fully defend himself,” he said.
Mr Warara intended to tender another medical affidavit for the second girl, but Mr Makiya objected saying the examining doctor was off duty on that day.
The trial continued in camera because the second witness is still a minor. Mr Warara alleged that sometime in March 2010, Kereke was alone with the girl.
He grabbed the girl by the waist and pushed her onto the couch before fondling her breasts.
She allegedly screamed, but no one heard her. On August 22, 2010, the younger girl was allegedly asked to baby sit by Kereke’s wife.
When the baby fell asleep the girl sat on the couch in the bedroom and Kereke allegedly started fondling her.
He allegedly pointed a gun at the girl and threatened to shoot her if she did not comply with his orders. He then raped her once.
Both girls later narrated their alleged ordeal to one of their aunts.