The private prosecutor wants Bikita West legislator Munyaradzi Kereke jailed insisting there was overwhelming evidence he raped his wife’s 11 year old niece in 2010.
In his closing submissions, Mr Charles Warara said by refusing to be tried for the past five years, Kereke knew he was guilty of raping the minor and indecently assaulting her sister. The magistrate Mr Noel Mupeiwa set July 11 as the judgment day.
“In the circumstances, we pray for a conviction as charged in respect of both counts as we proved the charges beyond reasonable doubt. If this case is therefore found not to be fabricated as claimed by the accused, it can only be the accused that is lying. He has to be found guilty as charged on both counts,” he said.
Mr Warara said if Kereke was innocent, he should have proved it in court.
“Accused took years to be brought to court with even the Prosecutor General shielding him. Can this be the character of a person who an ordinary citizen like complainant’s grandfather, Mr Maramwidze can frame? Do innocent people fight such serious cases in the corridors of power or he would dare any person with such allegations bring them to court.
Accused has been refusing to come to court, but his protection crumbled when the Prosecutor-General was convicted by the Constitutional court. Is this the conduct of an innocent person? Will this court ignore this conduct and do justice to this case,” Mr Warara said.
Mr Warara said the doctor’s report confirmed that the victim was raped. In his defence, Kereke discredited the medical report which he said was false.
“It is clearly strange that accused thinks that the doctor’s report was aimed at him. He has a reason for this. He raped the complainant hence his conduct. It is also clear that the complainant’s story makes sense. This court cannot be persuaded that complainant lied to the court by either fabricating a story or exaggerating what happened,” he said.
Kereke claimed the allegations were fabricated to fix him after he had refused to give the complainants money for school fees. The prosecution insisted that Kereke committed the offences.
“If these rape charges were created to fix the accused, why would the complaint’s grandparents not have alleged that both were raped? Why would medical evidence confirm that indeed one of them was raped?
“In any case, why would a normal family want to go through five years seeking justice? Is the political story mentioned by accused of any truth? “How could accused’s story be anything else other than a desperate attempt to pull wool onto the face of the court? Where do politics and political enemies come in? This is a clear case of rape.”
Kereke’s lawyer Mr Erum Mutandiro is expected to respond to Mr Warara’s submissions on July 1.