Jailed former politician and businessman Munyaradzi Kereke is back in the Supreme Court challenging his conviction one more time, New Zimbabwe reports.
Kereke who was convicted for 10 years in 2016 for se_xually abusing his 11-year-old niece, still maintains the magistrate erred in convicting him as he never committed the crimes.
Kereke’s lawyer in their urgent court application said:
The applicant filed a defective application for leave to appeal the dismissal of his appeal against conviction and sentence by the High Court under judgement number HH374/19 handed down in May 2019
Applicant persists that his intended appeal carries with it positive prospects of success on the questions of mixed fact and law and also on the questions of law proposed therein.
I also seek an order condoning my failure to file a proper application for leave to appeal in the form and manner prescribed by the rules of this 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.
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.
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,
Kereke went to jail after the state successful proved that he violated the minor at gunpoint. The case is yet to be heard.
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