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Court Reporter
The trial of Goodness Mercy Ministries leader Tapiwa Freddy on rape charges took a new twist today with second witness Chief Chikwaka acknowledging in court to have concealed crucial evidence and giving a false narrative of the alleged rape incident in a recorded interview with an online news publication.
Defence counsel, Everson Chatambudza exposed inconsistencies in Chief Chikwaka’s account of his niece’s alleged rape ordeal and omission of crucial details of the case in his police statement as well as in an interview with an online publication (name supplied). During cross-examination, the defence team argued that the chief had fabricated some details of the case to assist his niece.
In the said interview, the chief claimed that he was told of the alleged rape on the night of the incident whereas in court he testified that he received the call during the daytime.
Born Murambiwa Witness Bungu, Chief Chikwaka, however, advised the court not to rely on his online media interview account as he was overwhelmed by emotions. He also acknowledged that he misinformed the news consumers of that publication and the public at large on some crucial details on the alleged rape incident.
“Do not rely on that account, I was only explaining the summary to the media crew and I was answering their questions hence part of my narrative may be taken out of context as it lacks background information,” he cautioned.
The court also noted that first witness Assistant Inspector Gibson Jaji’s statement which was produced in court does not contain the accused’s admission that he had raped and physically abused the complainant, despite Freddy’s accuser’s testimony that he had confessed to have raped her as evidenced in a written affidavit by Jaji.
Chief Chikwaka’s police statement also does not contain an admission by the accused that he had raped the complainant, neither does the account contain details that the accused had performed oral sex on the complainant and that when they had intercourse his organ had sores and that they always had intercourse while the complainant was on her menstrual cycle.
The court also noted that the chief’s testimony in court was materially different from his recorded police statement.
The defence team also debunked the accuser’s claims that her life was in danger ostensibly because the rape accused was threatening her. This was after the chief told the court that he asked his niece if she felt her life was in danger such that he might request the presence of a police officer to which the complainant responded that she was not being threatened by the accused and did not think that her life was in danger. Chief Chikwaka also indicated that he was not satisfied with his niece’s alleged rape account hence the accused was left to go without the police arresting him.
“I explained the issues to the Officer in Charge Juru Police station who indicated that I should deal with the case as it was an issue of promiscuity before he eventually deployed two police officers; Assistant Inspector Jaji and another unidentified officer.
“The meeting between the parties started around 7 pm until 2:30 am. We also gave them more than one hour to converse privately before they agreed that they need time to resolve their differences amicably and that the accused would instruct her secretary to ask the complainant for forgiveness and also resolve (relationship) issues to do with a ZBC boss. It was also agreed that the accused would pay compensation for damages and if he fails to pay compensation, he would be slapped with rape charges.”
The trial is expected to continue on 24 January with first witness Jaji who was reported to be unwell today expected to testify in court.