Source: Kereke prosecution fees pegged at $36k | The Herald September 1, 2016
Tendai Rupapa : Senior Court Reporter
CONVICTED rapist Munyaradzi Kereke and the National Prosecuting Authority (NPA) are going to share $36 000 in legal costs in a case which took six years to be completed. The sharing of costs follows a ruling by regional magistrate Mr Noel Mupeiwa ordering the two parties to share equally 75 percent of legal costs accrued in the former Bikita West legislator’s prosecution and Constitutional Court proceedings. Mr Mupeiwa subtracted 25 percent from the costs on the basis that Kereke was acquitted on the charge of indecent assault.
The first count of indecent assault occupied a quarter of proceedings and Kereke was acquitted.
“The second charge of rape in which he was convicted took a huge chunk of time — three quarters. The private prosecutor is entitled to three quarters of the bill of which Kereke would pay 50 percent and the NPA 50 percent,” he ruled.
Mr Mupeiwa said the Criminal Procedure and Evidence Act only talks of costs and expenses, but not on a scale.
“This is because the private prosecutor asked for costs on a higher scale.”
Kereke was jailed 14 years for raping a 13-year-old relative in 2010 at gunpoint.
However, four years were set aside on condition he does not commit a similar offence within that period.
Private prosecutor Mr Charles Warara said they were going to approach the taxing officer at the civil courts for taxation.
Kereke’s case had to proceed through private prosecution after suspended Prosecutor-General Johannes Tomana refused to prosecute him, saying there was no evidence linking the legislator to the offence.
This led to Tomana being slapped with a 30-day imprisonment by the Constitutional Court for refusing to comply with court orders compelling him to issue certificates for private prosecution where he had declined to prosecute.
However, the sentence was wholly suspended on condition he complied with the court order.