'Rapist' infects neighbour's teen with STI, conviction nullified

THE Bulawayo High Court on Monday set aside the conviction and subsequent 18-year jail term for a man who was alleged to have raped and infected his neighbour's 15-year-old daughter with a sexually-transmitted infection (STI).

The victim in a case that purportedly occured four years ago, reported the matter to the police after five months and alleged that she delayed in opening up fearing that Gift Ncube would kill her as he had threatened to do so.

Justice Andrew Mutema yesterday set aside Ncube's conviction and sentence following an appeal filed by his lawyer, Robinson Mahachi of T Hara and Partners saying the evidence of a single witness must be treated with caution.

In his ruling, Justice Mutema who was sitting with Justice Maxwell Takuva during the criminal appeals court yesterday, said although the trial magistrate, Mark Dzira of the regional court believed that Ncube had raped the girl, there was no basis to substantiate the alleged crime that was alleged to have been committed four years ago.

"The evidence of a single witness must be treated with caution. A complaint must not come as a result of inducing. The complaint should be made voluntarily and not as a result of questions of a leading nature and without undue delay.

"The court further pointed out that such complaint made so timeously served to rebuild any suspicion that the victim has fabricated the story. In casu, the victim was a fairly mature 15-year-old at the time of the alleged crime.

"The crime allegedly only came out in the open after five months and this was after the victim's aunt discovered some discharge from her private parts.

"Whilst the victim alleges that she had been threatened with death there is no evidence to show that the accused persistently continued with the alleged threats," said Justice Mutema.

The judge also noted that the medical report contradicted with the victim's testimony under cross-examination that she was a virgin prior to the alleged rape.

"A period of five months cannot be said to be a reasonable time taking into consideration that the complaint was not made freely and voluntarily. It took a lot of effort from the relatives to extract the alleged complaint from the victim. The court is satisfied that there was no basis to prove that the STI was a result of the alleged rape.

"The conviction and sentence is therefore set aside," ruled Justice Mutema.

The state led by Angeline Munyeriwa concurred with the defence counsel.

"The rape issue comes out as a result of probing and the state did not discharge the onus to prove its case beyond reasonable doubt," she said.

Allegations against Ncube were that sometime in November 2010, the victim went to his house in Njube to have her shoes repaired by his brother.

On arrival, the girl was said to have found Ncube alone and as she was about to leave, Ncube allegedly dragged her and pushed her onto his bed. He allegedly raped her before threatening to kill her if she reported the matter to anyone.

The matter came to light five months later when the girl's cousin sharing the room with the girl sensed a foul smell emanating from a bucket, which they used during the night to relieve themselves.

On checking the bucket, the girl's cousin discovered some whitish substance and became suspicious. She then quizzed the girl but she was evasive and her aunt was informed.

The girl then revealed to the aunt that she had been raped by Ncube whom she alleged had infected her with an STI.

The victim had sores on her private parts and she was discharging some white substance. A report was made to the police leading to Ncube's arrest.