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Writes Nhau Mangirazi in Kadoma
A Kadoma regional magistrate, Sheilla Nazombe, acquitted a local church leader facing three counts of raping his niece, ruling that the victim is a ‘classical liar’ who fabricated the charges.
Magistrate Nazombe made a ruling last week when she cleared Michael Duche (43), Bishop of Apostolic Revival Church at the close of a full trial.
He was facing three charges of rape as defined in section 65 (1) (a) of the Criminal Law Codification and Reform Act chapter 9.23
Unite Saizi of Saizi Law Chambers represented Duche.
In her ruling, Nazombe said the rape charges were ‘fabricated by the complainant’ who had a hidden agenda of tarnishing the accused using social media as part of the evidence that was never admissible in a court of law.
‘‘The court found that apart from the fact that the report was not on time and not voluntary as it came out through an anonymous phone call to the investigating officer, the case lacks merit to convict the accused on the basis of a fabricated charge.”
“Furthermore, a social media platform, Facebook posted that the alleged accused had impregnated the complainant, making the whole case a drama where the complainant is an actress who is a typical liar.
“There was no evidence of the pregnancy in court. The complainant was not a credible witness and she proved to be a classical liar on numerous occasions during the course of the trial and this leaves the court with no option but to discharge the accused of any charges. He is found not guilty and acquitted. Accused has been set free by the courts,’’ Nazombe said in her ruling.
It was the state case led by prosecutor Phillip Urayai that Duche had raped the complainant, a juvenile aged 16 (name protected), who is a Form 3 student at a local school in Kadoma.
Duche is the complainant’s uncle.
The first count is that on an unknown date to the prosecutor but during the month of March 2021, the complainant accompanied the accused to the bus stop, and along the way, Duche instructed the girl to lie by the ground facing upwards and complied.
It is alleged that Duche removed the girl’s undergarments and lowered his jean trousers and raped her without her consent.
The complainant did not reveal the incident to anyone out of fear of being sent away from Duche’s place of residence.
‘‘The accused had several sexual intercourse with the complainant without her consent,’’ Urarayi told the court.
In November 2021, the complainant shared her ordeal with a churchmate about the incident but she dismissed her saying there was no solid evidence.
On the second charge, also on a date unknown to the prosecutor but during the year 2021, Duche invited the complainant into his bedroom and instructed her to polish his shoes while his wife was taking a bath.
‘‘Accused asked the complainant to lay on the bed and had sexual intercourse with her without her consent,’’ Urarayi told the court.
The third charge is that on an unknown date from September 2021 to May 2023, Duche had sexual intercourse with the complainant without her consent.