Gono's former adviser demand $45 million from Daily News

FORMER adviser to Reserve Bank Governor Gideon Gono and Rockfoundation Medical Centre founder Munyaradzi Kereke has demanded US$45 million from a newspaper, claiming "irreparable damage" to his reputation over reports that he raped a 13-year-old girl two years ago.

Kereke said he would drop the demand if the Daily News apologised within seven days.
 
But the newspaper said Wednesday it would meet the former adviser to Reserve Bank governor Gideon Gono in court.

A spokesman said the Daily News had never accused Kereke of rape, but had merely reported the contents of letters sent to Police Commissioner Augustine Chihuri and Attorney General Johannes Tomana by the alleged victim's lawyer, demanding Kereke's arrest and prosecution.

Kereke, fired from his Reserve Bank role earlier this year, said the Daily News had branded him a "gun-toting violent rapist... out of callous malice".

In an error-strewn letter to the newspaper, his lawyer Gasa Nyamadzawo added: "As a father himself, a businessman and a church goer, the (sic) Dr Munyaradzi Kereke has suffered irreparable damage which has also seriously undermined his relations with his own family, fellow church members, business associates, friends and relatives...

"Our client demands that you must retract your damaging wrongful statements and apologise publicly or alternatively pay the assessed damages to the tune of US$45 million within the next 7 working days.

"Our client Dr Munyaradzi Kereke submits that in the event you do not retract your defamatory statements and apologise or alternatively settle the claimed damages, summons will be issued against you then you (sic), the newspapers and others must produce before the honourable court all the evidence you publicly claimed exists to support your reported repeated public defamatory statements.

"To the ordinary public readers, your newspaper article gives the impression that our client is a gun torting (sic) rapist who is untouchable, above the law, corrupt and have (sic) no regard for the law."

The Daily News offered no apology, with a spokesman saying: "We will defend the action when it is launched."

Kereke has struggled to shake off allegations that he raped the young girl at gun point. Campaign groups Women of Zimbabwe Arise and the Girl Child Network have publicly called on the police to arrest Kereke, but he maintains his innocence and no charges have been brought.

Lawyer Charles Warara, representing the 13-year-old girl, wrote to Chihuri and Tomana two weeks ago seeking a clarification on reports that the Attorney General had refused to prosecute Kereke.

In his letter to Chihuri, Warara said he had been advised by Borrowdale Police that the matter was closed. Tomana had repeatedly ignored his letters, the lawyer added.

"We wish to receive from your esteemed office a written confirmation of this position... Will you as soon as possible advise since the Attorney General's office has ignored several of our letters on this issue," Warara wrote.

Warara said in his letter to Chihuri that if the decision was not to prosecute, he would be extremely disappointed because "there is damaging evidence of the rape."

Warara says he wrote to Tomana in January this year, and then in July, reminding him of his "public duty to ensure that the public retain confidence in the administration of justice."

In the July letter, Warara said: "Since we started handling this matter, we have been wondering why we will be required to do all this work, which you obviously are obliged by the constitution to supervise.

"Can you simply reply to us so that we can know what to advise our client? If you do not wish to proceed with the prosecution of this matter, please advise us without delay and your reasons will help."

Warara wants Tomana to issue a refusal to prosecute certificate to allow them to pursue a private prosecution.

According to Warara, sometime in September 2010 during the school holidays, the girl - a relative of Kereke - visited his residence in Vainona, an affluent suburb in the capital Harare.

The girl was asked by her aunt - Kereke's wife - to play with their baby in the bedroom while she prepared food for the former adviser to the central bank governor Gideon Gono.

"During this time, Kereke entered the bedroom and raped the victim once at gunpoint and threatened her not to report," Warara stated in a letter to Chief Inspector Mbiringa of Borrowdale Police dated December 17, 2010.

Warara, in the same letter, emphasised that he was writing "with full knowledge that the accused has proved to be an untouchable person and can victimise anyone who dares take up this matter."

He went on: "We have done this because we firmly believe in justice and want to see to it that the weak are protected. We are aware that you have been giving reasons for not doing anything about this matter but we know that you have been stopped in your tracks because of the influence of the accused.

"You already know that the accused is armed and can do anything in the circumstances, but you have done nothing about such danger to society. We need not remind you that it is your duty to protect the victim should anything befall anyone involved with this case because of your failure to act."