Fungai Lupande : Court Reporter
THE case in which Neville Mutsvangwa (36) is accused of raping a 43-year-old woman continued yesterday with the court conducting an inspection in loco of the offices where the alleged offence was committed. Neville allegedly raped the woman at his father Christopher Mutsvangwa’s offices at Number 3 San-Fernando along Fife Avenue in Harare.Neville’s lawyer Mr Harrison Nkomo requested for the inspection to prove that the 43-year-old woman had consented to sexual intercourse.
Mr Nkomo insisted that the door to the office when locked can only open from outside.
“The complainant was able to run away because the door was open. There was no way he could have closed the door because no one was around to open for them.
“Because the pair was engaging in acts of darkness, the accused did not want employees to find them there the following morning.”
The complainant insisted that the door was closed and because it does not open from inside she could not run away.
“The accused locked all the entrance doors and how was I supposed to run way,” she said.
“This particular door he used keys to open it from inside.”
The prosecutor Mr George Manokore closed his case after the inspection in loco. Mr Nkomo applied for discharge. In his application he said the State’s case was full of uncertainties and no court acting carefully can convict.
“The complainant failed to explain the relationship she had with the accused. She said her report was not a direct result of rape but because she was forced to suck her own menstrual blood.
“There are contradictions in her testimony and statements to the police. She is not a reliable witness.”
Mr Nkomo said the complainant is seven years older than the accused and weighs 93 kilograms but did not do anything to resist the abuse. Mr Manokore in his response said it was unbelievable that the door to an office cannot be opened from inside not even with a key. “Is that office a chubb? Was the complainant able to run away under those circumstances?” asked Mr Manokore.
“Even if the complainant moral values are questionable the accused was heartless to make her eat her menstrual blood. He should be put to his defence”
Harare magistrate Mr Hoseah Mujaya will make a ruling to the application for discharge today. Mutsvangwa is facing two counts of rape and aggravated indecent assault charges. It is alleged that on August 8 this year around 1800 hours the complainant met Neville and they played Casino until 4am.
The complainant was offered a lift to town and Neville diverted the route and drove to his father’s office. He allegedly forced her to suck his manhood. Neville allegedly raped the woman and after noticing that she was on her menstrual periods, forced her to suck the blood stained condom. He ejaculated in her mouth, it is alleged. He offered her $20 and she refused and reported the matter to the police.