JAILED former Bikita West legislator, Munyaradzi Kereke, on Wednesday approached the High Court, where he launched a fresh application for bail pending appeal against both his conviction and 10-year prison term for rape. by PAIDAMOYO MUZULU
Source: Kereke launches audacious fresh bid for freedom – NewsDay Zimbabwe September 23, 2016
Kereke, who was convicted of raping a minor relative following a lengthy trial by regional magistrate Noel Mupeiwa in July, argues that his prospects of winning the case on appeal were high.
In the application, Kereke says his release would allow him to fend for his family as there was no guarantee that the appeal would be heard anytime soon, adding the court might reduce his sentence on review.
“Whatever date the appeal is heard assuming that the conviction is confirmed, there is no guarantee that the applicant (Kereke) would not have served the whole period which may pertain to an interference with the sentence which the court may make,” Kereke’s lawyer, Thabani Mpofu, said.
“A holistic consideration of such factors leads to the inescapable conclusion that admitting applicant to bail is the only available option. Applicant has strong prospects of success and that is a factor which must undoubtedly incline the court towards granting bail.”
Kereke said he was ready to deposit $2 000 bail, surrender title deeds of a single immovable property and continue to reside at his Hatfield, Harare, house until finalisation of the appeal.
Kereke was convicted through private prosecution after former Prosecutor-General Johannes Tomana had delayed his prosecution by nearly six years citing insufficient evidence.
Harare lawyer Charles Warara prosecuted on behalf of the victims.
Warara yesterday confirmed receiving the appeal, saying he would file opposing papers.
“I’m still studying the application and will oppose it and simply by glancing at it, there are a number of inconsistences in the application like his residence. Right through the trial he said he resided in Mandara and one cannot understand how he changed residences after being jailed,” Warara said.