Source: Kereke appeal deferred indefinitely | The Herald March 28, 2018
Fidelis Munyoro Chief Court Reporter
Jailed former zanu-pf Bikita West legislator Munyaradzi Kereke yesterday had his appeal against both conviction and 10-year sentence imposed on him for rape postponed indefinitely.
Kereke is serving time at Chikurubi Maximum Security Prison following his conviction for raping his niece, who was a minor at the time.
He was acquitted on a charge of indecently assaulting his other minor niece.
Through his lawyer Advocate Thabani Mpofu from The Chambers – Advocates of Zimbabwe, Kereke seeks to have the lower court’s decision quashed.
In the appeal papers, Adv Mpofu contends that Kereke may be in prison owing to a faulty finding of the lower court.
In convicting Kereke, the lawyer argues, the magistrate who presided over rape trial erred in relying on circumstantial evidence without following the procedure relating to the admission of such evidence.
Private prosecutor Mr Charles Warara is opposing the appeal.
He argues that the trial court conducted itself well and properly convicted Kereke.
Mr Warara wants the court to dismiss the appeal, arguing it is devoid of merit.
In his judgment, the trial magistrate Mr Noel Mupeiwa found the fact that the victim was a minor when she was raped.
He took the age of the girl into account and that a gun was used in committing the offence.
It was also noted that Kereke was related to the victim.
Kereke has unsuccessfully sought bail pending appeal at the High Court.