The trial of Madzibaba Ishmael Chokurongerwa got underway in Harare on Wednesday. The first complainant, who was 14 when she became pregnant, denied having sexual relations with Madzibaba Ishmael. She claimed her child was fathered by a man named Tinashe, reported H-Metro.
She questioned the DNA results that indicated Madzibaba Ishmael as the father, insisting she only had sex with Tinashe.
All complainants were 14 years old at the time and members of the Johane Masowe eChishanu Gorejena Penyeranyika Sect, residing at Lily Farm in Nyabira.
The State alleges that between February last year and March 12 this year, Madzibaba Ishmael used his influence to rape the first complainant, resulting in her giving birth to a baby girl on January 27 this year.
The case came to light in March after the allegations became public, leading to a police investigation.
The victim was rescued in Mufakose and placed in a safe house. During interviews, she became hostile, reportedly due to church indoctrination encouraging sexual relations between married male members and young girls.
Madzibaba Ishmael pleaded NOT GUILTY to three counts of rape before Magistrate Estere Chivasa.
His lawyer, Musindo Hungwe, argued that the complainants did not lodge valid complaints and that the charges lacked a basis for lawful prosecution or conviction. Reads the defence outline:
Assuming that there had been any criminal complaint lodged against him, (which is denied), the said complaint was not made to the first available person to whom the complainants would have been expected to make it at the first available opportunity.
He will state that to the best of his knowledge, none of the three supposed complainants ever implicated him in any way.
In fact, in their statements to the police, they actually identify other individuals distinct from him, as being the persons they were sexually involved with to the exclusion of him.
Madzibaba Ishmael accused the State of conducting a witch-hunt against him.
He argued that medical evidence of penetration was irrelevant since the complainants had named other individuals as responsible for their pregnancies.
According to prosecutors, the second complainant reported being raped from 2018 until early this year and gave birth to a baby boy in 2022.
The third complainant alleged she was raped between 2020 and early this year, also giving birth to a baby boy.
DNA tests conducted at the National University of Science and Technology indicated that Madzibaba Ishmael is the father of the children.
The DNA Paternity Test Certificates are being held as exhibits and will be presented during the trial.
The State is represented by Oscar Madhume and Chido Gohori.
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