News / National
Three suspected female rapists seek discharge
02 Mar 2012 at 20:22hrs | Views
On Friday the three suspected female rapists gave notice to apply for refusal of further remand if they are not tried on the next remand date. The three sisters Sophie (26) and Netsai Nhokwara (24), Rosemary Chakwizira (28) are jointly charged with their male counterpart Thulani Ngwenya (24). They are facing aggravated indecent assault charges.
Their lawyer, Mr Dumisani Mthombeni notified the court of the defence intention to apply for refusal of further remand on the basis that the matter had taken too long to be finalised.
Regional magistrate Ms Fadzai Mthombeni had ruled that the quartet be allowed to come back to court after two months. This was after the investigating officer detective inspector Bowman Wutahwashe had told the court he was not sure when the DNA results would be out.
On Wednesday Ms Mthombeni ordered the investigating officer to bring documentary evidence as proof that the State sent DNA samples to South Africa.
The defence had unsuccessfully sought an order to compel the State to start the trial without the DNA results. Detective Insp Wutahwashe said he took the samples to South Africa on November 9 last year in the company of ZRP chief pathologist Mr Mutandiro and his assistant Ms Shamu.
He produced a receipt as evidence that they had indeed taken the samples to South African Police Services Forensic Science laboratory in Pretoria. However, Mr Mthombeni doubted the authenticity of the receipt arguing that it had no letterhead or information as to what it was for.
The investigating officer said the receipt confirms that they surrendered the exhibit in South Africa.
He said the receipt has reference numbers similar to those in the docket and challenged the defence to cross check.
Detective Insp Wutahwashe told the court that judging from their previous cases' results of this nature takes three to six months to be processed. This prompted Ms Mthombeni to ask the investigating officer the last time they communicated with the South African forensic department and their position as far as the results were concerned.
He said: "The ZRP forensic department spoke with them earlier this week and were not yet done. We are not sure of the exact date when they will be ready but they said they will inform us as soon as they are done."
Ms Mthombeni then deferred the matter to May 2. Meanwhile one of the women Chakwizira has been issued with warrant of arrest after she defaulted court twice.
She can, however, cancel the warrant when she comes to court. Mr Mthombeni told the court that she was seriously ill and produced a medical affidavit to prove that she was undergoing treatment.
Their lawyer, Mr Dumisani Mthombeni notified the court of the defence intention to apply for refusal of further remand on the basis that the matter had taken too long to be finalised.
Regional magistrate Ms Fadzai Mthombeni had ruled that the quartet be allowed to come back to court after two months. This was after the investigating officer detective inspector Bowman Wutahwashe had told the court he was not sure when the DNA results would be out.
On Wednesday Ms Mthombeni ordered the investigating officer to bring documentary evidence as proof that the State sent DNA samples to South Africa.
The defence had unsuccessfully sought an order to compel the State to start the trial without the DNA results. Detective Insp Wutahwashe said he took the samples to South Africa on November 9 last year in the company of ZRP chief pathologist Mr Mutandiro and his assistant Ms Shamu.
He produced a receipt as evidence that they had indeed taken the samples to South African Police Services Forensic Science laboratory in Pretoria. However, Mr Mthombeni doubted the authenticity of the receipt arguing that it had no letterhead or information as to what it was for.
The investigating officer said the receipt confirms that they surrendered the exhibit in South Africa.
He said the receipt has reference numbers similar to those in the docket and challenged the defence to cross check.
Detective Insp Wutahwashe told the court that judging from their previous cases' results of this nature takes three to six months to be processed. This prompted Ms Mthombeni to ask the investigating officer the last time they communicated with the South African forensic department and their position as far as the results were concerned.
He said: "The ZRP forensic department spoke with them earlier this week and were not yet done. We are not sure of the exact date when they will be ready but they said they will inform us as soon as they are done."
Ms Mthombeni then deferred the matter to May 2. Meanwhile one of the women Chakwizira has been issued with warrant of arrest after she defaulted court twice.
She can, however, cancel the warrant when she comes to court. Mr Mthombeni told the court that she was seriously ill and produced a medical affidavit to prove that she was undergoing treatment.
Source - TH
