By Nompumelelo Sibanda
JAILED former Zanu-PF legislator Munyaradzi Kereke has been granted $500 000 bail by the Supreme Court pending appeal against both conviction and 14-year jail term for raping his then 11-year-old relative at gunpoint.
The former Central Bank governor’s adviser was jailed for 10 years back in 2016 for raping his 11-year-old niece at his Vainona home.
He maintained his innocence saying that the magistrate who convicted him, Noel Mupeiwa erred in finding out he was guilty.
The former Buhera West MP then filed an appeal at the Supreme Court. Mupeiwa handed down his judgement against Kereke on July 11 2016.The state proved that Kereke raped the minor at gunpoint and she did not tell anyone about it.
But Kereke maintained that in convicting him of rape, the magistrate’s court erred and misdirected itself on the several grounds that he proposed in the notice of appeal he filed before the High Court. It flopped and he escalated the matter to the Supreme Court.
“I reiterate that the factual conclusions reached by that court were a result of an erroneous process of reasoning resulting from misapplication of legal principles and mischaracterisation of the facts and evidence,” said Kereke.
“There are material inconsistencies on the explanation for the delay by the complainant in informing anyone, assuming that the rape occurred. Did the complainant delay because she feared for her safety or because she was embarrassed to share the experience or both.
“Without resolving this contradiction, it is hard to accept that the inferior court would find that the delay was sufficiently explained on the facts.”
He said the fact that Mupeiwa accepted that he would rape someone while his wife was in the same house leaves a lot to be desired as it was impossible.
“The issue of the gun is also material. As it stands, the record is awash with so many inconsistencies that one is not aware whether the gun was produced pointed or was simply in existence. The whereabouts of the gun when the complainant allegedly pushed me away is also not explained,” he highlighted.
Since his jailing, Kereke made several feredom bids which flopped for one reason or another.
This is a developing story. More details shortly… □