Magistrate commends 'rapist' for keeping his cool

A BULAWAYO man burst into tears in court on Monday claiming that his wife fabricated rape allegations against him because he had caught her red handed engaging in sex with another man.

Itai Tariro Mufambi (26) was facing physical abuse and rape charges.

More tears gushed from his eyes when Western Commonage Magistrate Mr Lungile Ndlovu remanded him in custody to April 26 for trial.

Mufambi begged the court to remand him at Bulawayo Prison instead of Khami Maximum Prison, claiming that his wife's "lover" was a prison guard stationed there.

"Your Worship my stay will be miserable at Khami. My wife's lover is a prison guard there and seeing him every day will make my situation worse. The problem I had with my wife is that I caught her in a sexual act with the guy," he said.

Mufambi allegedly brutally bashed his wife on Saturday evening last week and later on the same night forced himself on her.

The court heard how Mufambi's first attempt at rape was fruitless as he failed to penetrate so he poured water between his wife's legs then raped her once.

Mufambi pleaded guilty to physical abuse but swore to the court that he never raped his wife.

"I admit to slapping her out of anger, but for the rape allegations I'm innocent. The sight of her disgusted me, honestly how could I sleep with someone that I had found with another man before she had even taken a bath? I never slept with her that night Your Worship," said Mufambi, raising his right hand in a swearing pose.

Mr Ndlovu commended Mufambi for being able to control his anger at the time he found his wife in a compromising state.

"Thank you so much for being able to control yourself. That man you caught with your wife could have been dead by now to say the least had you let your emotions get the better of you. What you witnessed was extreme torture, most men commit serious offences from merely hearing that their spouses are cheating, but you reacted in an admirable manner," he said.

"Your request has been granted. It wouldn't be fair to be seeing a man who was with your wife pretending to be guarding you at prison. It would only make the situation more painful for you. Arrangements shall be made that you be remanded at Bulawayo Prison during the course of your trial."

Prosecuting, Mrs Esther Sibanda told the court that Mufambi savagely attacked his wife, bashing her with fists and kicking her all over her body.

She said the wife is admitted to Mpilo Hospital.

"Accused came home around 7PM and asked complainant to cook for him. While she was cooking, accused approached her and demanded to know where she had spent her day. He started assaulting her," said Mrs Sibanda.

"Later on that same night accused ordered complainant to 'open her legs' so that he would have sex with her. Complainant complied but accused failed to penetrate. He complained that she was too dry so he took a small bucket of water, forced her thighs apart and poured water on her before he had sex without her consent."