via Kereke’s ‘rape case’ appeal date set 1 September 2014 by Charles Laiton
BIKITA West MP Munyaradzi Kereke’s concerted efforts to thwart his prosecution on rape allegations charges will be put to test on September 30 this year where his matter is set to be brought before the judges of appeal at the Supreme Court, NewsDay can reveal.
The former advisor to the ex-Governor of the Central Bank, Gideon Gono, has been fighting to avoid trial for allegedly raping an 11-year-old girl and accused the girl’s guardian, Francis Maramwidze, of seeking to abuse court processes.
On the one hand, Maramwidze also accused the justice system of frustrating his efforts to have the MP brought before the courts.
Kereke has maintained his innocence claiming the rape charges levelled against him were concocted and as such, prosecuting him over the matter would be tantamount to infringing his rights since there was no incriminating evidence that warranted his prosecution.
According to Maramwidze, sometime in October 2009, Kereke allegedly raped the girl at gunpoint at his home in Vainona, Harare, but after reporting the matter with the police, no action was taken. This ignited protracted court battles between Maramwidze and Kereke.
In May this year, High Court judge Justice Happias Zhou ruled in Maramwidze’s favour and ordered Prosecutor-General Johannes Tomana’s Office to issue a certificate for Kereke’s private prosecution.
Zhou’s ruling, however, prompted the MP to approach the Supreme Court, challenging the High Court’s decision, arguing that Justice Zhou had misdirected himself.
However, Kereke claims due process was followed by the investigating authorities and that he submitted a warned and cautioned statement to Borrowdale Police Station at the material time of the complaint that had been lodged against him.
“The first respondent’s [Commissioner-General of police Augustine Chihuri] submissions to this honourable court clearly show that they fully discharged their constitutional mandate and saw no merit for investigating further, let alone prosecuting me.
“Accordingly, any court seeking to impose that obligation to investigate and prosecute any alleged criminal activity within these officers [police and the prosecutor general] and their independent institutions, let alone on me will be clearly infringing on their independent rights to maintain law and order as enshrined in the Constitution of Zimbabwe,” Kereke said in his application.