Orphan insist she had severan sexual encounters with School head

THE orphaned minor who was allegedly sexually abused by Hartzell High School headmaster, Shorwi Kawadza, remained adamant that she had several sexual intercourses with the school head during cross-examination at Mutare Magistrates' Court last Friday.

Manica Post reported that asked by defence counsels, the complainant said she had one sexual intercourse with Kawadza in a bush near the school grounds after some sporting activities, other sexual intercourses in his office as well as at the Old Mutare Mission school's guest house.

Kawadza is the first accused in a case that he is alleged to have contravened the Sexual Offences Act by sleeping with a minor and infecting her with a Sexually Transmitted Disease, while Fairfield Children's Home staffer, Cecelia Thobani is the second accused facing similar charges.

Victor Chinzamba of Mugadza, Chinzamba and Partners, who is representing Kawadza, put it to the minor that she was being inconsistent in her narrative and that she appeared to have been told what to say by people masterminding the downfall of Kawadza.

 Chinzamba said there was a recorded telephone conversation between the survivor and a Social Welfare attaché identified as Sister Molly in which the minor exonerated both Kawadza and Cecilia Thobani (Accused Two) of any wrongdoing.

"It is clear that you have been subjected to severe interference by people who want to see the downfall of Accused One.

"Why do you keep changing your story? You must forget about those people.

"This is about your life. The coincidences in your account are too much. Surely no-one saw you, not even on your way on all the occasions that you say you had sex with Accused One.

"You have demonstrated to this court that your evidence is inconsistent with the reality," argued Chinzamba.

However, in response, the complainant denied having been coached on what to say in court.

"I did not exonerate Shorwi Kawadza. We had several sexual intercourses. I have never changed my story.

"I only mentioned that Cecilia Thobhani (second accused) has nothing to do with this case.

"I only mentioned another name during a telephone conversation with Sister Molly because she was pestering me, forcing me to say another name different from Kawadza.

"I exonerated him (Kawadza) because Sister Molly kept saying I should mention another name.

"I was not seen by anyone during the several times I went to have sex with Kawadza.

"In fact, when we had sex at the school grounds, the guards at the school gate must have been busy with the vehicles moving in and out of the gate for them to notice us and I was also not going to school when we had sex at the guest house, while all the other children were at school, hence no-one noticed it.

"When we had sex in the bush near the school ground it was after the sporting activities that had been held at the grounds.

"We had actually made an appointment the day before, so it was planned.

"I was never coached by anyone on what to say in this court. Accused Two does not know anything about this case.

"It is the police who said they did their investigations and found out that she had given me pills to terminate pregnancy.

"I never told Sergeant Chandata that Accused Two gave me pills to terminate pregnancy," said the complainant who was a 14 year old inmate at Fairfield Children's Home at Old Mutare Mission when the crime was allegedly committed.

In exonerating Thobani (Accused Two), the teenager went against the evidence given by the Investigating Officer Sergeant Itai Chandata of Penhalonga Police Station who recently testified in court that the minor told her during investigation that Thobani told her never to mention the headmaster, but Mukwindidza as the perpetrator.

"She also told me that Accused Two (Thobani) would call her to her office and ordered her to go and see Accused One (Kawadza) at the guest house.

"She said she was also told by Accused Two (Thobani) that she should never mention the headmaster, but  Mukwindidza as the perpetrator.

"Having that information I went on to verify some facts that I could and went on to arrest Kawadza and Thobani," said Sgt Chandatya when she recently testified in court.

However, in last Friday's session, the teenager drew gestures of misgiving from the gallery when she admitted that she consented to Kawadza's love proposal and sexual manoeuvres because she was used to sex.

She also told the court that she had terminated pregnancy three times without the knowledge of Thobani

"When we had sex with Kawadza I had agreed to it because I was used to it.

"Yes, I terminated pregnancy three times, but I was never assisted by Cecilia Thobani," she said.

Kawadza is being represented by Chinzamba, while Thobani was represented by  Ranga Muhloro-Mubata of Mubata, Chigadza and Associates.

Trial continues on April 25 when two other witnesses are expected to testify.