News / National
Kereke rape case, judgment reserved
05 Mar 2014 at 00:30hrs | Views
The High Court on Monday reserved judgment in the case in which the guardian of an 11-year-old rape complainant is seeking the arrest and prosecution of Bikita West National Assembly member Dr Munyaradzi Kereke on charges of rape.
Justice Happias Zhou heard arguments from the parties' lawyers and reserved judgement to a later date, Herald reported.
Mr Charles Warara was acting for the complainant's guardian Mr Francis Maramwidze, Ms Sharon Fero appeared for the Prosecutor-General Mr Johannes Tomana, while Advocate Lewis Uriri represented Dr Kereke.
Mr Warara told the court that Mr Tomana's decision to decline prosecuting Dr Kereke was an infringement on his client's constitutional rights to access justice.
This, he said, was detrimental to justice delivery and Mr Tomana should not be allowed to make improper decisions.
"Failure by the first and second respondents (police and Mr Tomana) to act in this matter is a violation of the complainant's rights as enshrined in the Constitution of Zimbabwe," said Mr Warara.
He said Mr Tomana acted improperly when he declined prosecution in a matter which was still under investigations by the police and before the suspect was brought to court.
This, he said, was tantamount to interfering with investigations.
He urged the court to order the arrest of Dr Kereke and bring him to court to answer to charges of rape.
Mrs Fero opposed the application, arguing that Mr Tomana used his discretion vested upon him in terms of the supreme law of the country.
She said her office could not be compelled to prosecute where there was no incriminating evidence against a suspect.
In his arguments, Adv Uriri agreed with Mrs Fero's submissions.
"The Constitution gives the prosecutor-general the right not to be dictated by any person in the making of its decision on what to prosecute or not," he said.
After hearing arguments from the parties, Justice Zhou said he needed time to decide whether or not Dr Kereke should be prosecuted or not.
Mr Maramwidze claimed that he reported the alleged rape in October 2009, but police did nothing about it.
Dr Kereke is alleged to have raped the then 11-year-old girl at gunpoint at his home in Vainona, Harare.
He denies the allegations, saying this was a smear campaign emanating from his acrimonious feud with the former Reserve Bank of Zimbabwe Dr Gideon Gono.
Dr Kereke for years worked as Dr Gono's advisor, but the two have since fallen out.
Justice Happias Zhou heard arguments from the parties' lawyers and reserved judgement to a later date, Herald reported.
Mr Charles Warara was acting for the complainant's guardian Mr Francis Maramwidze, Ms Sharon Fero appeared for the Prosecutor-General Mr Johannes Tomana, while Advocate Lewis Uriri represented Dr Kereke.
Mr Warara told the court that Mr Tomana's decision to decline prosecuting Dr Kereke was an infringement on his client's constitutional rights to access justice.
This, he said, was detrimental to justice delivery and Mr Tomana should not be allowed to make improper decisions.
"Failure by the first and second respondents (police and Mr Tomana) to act in this matter is a violation of the complainant's rights as enshrined in the Constitution of Zimbabwe," said Mr Warara.
He said Mr Tomana acted improperly when he declined prosecution in a matter which was still under investigations by the police and before the suspect was brought to court.
This, he said, was tantamount to interfering with investigations.
He urged the court to order the arrest of Dr Kereke and bring him to court to answer to charges of rape.
Mrs Fero opposed the application, arguing that Mr Tomana used his discretion vested upon him in terms of the supreme law of the country.
She said her office could not be compelled to prosecute where there was no incriminating evidence against a suspect.
In his arguments, Adv Uriri agreed with Mrs Fero's submissions.
"The Constitution gives the prosecutor-general the right not to be dictated by any person in the making of its decision on what to prosecute or not," he said.
After hearing arguments from the parties, Justice Zhou said he needed time to decide whether or not Dr Kereke should be prosecuted or not.
Mr Maramwidze claimed that he reported the alleged rape in October 2009, but police did nothing about it.
Dr Kereke is alleged to have raped the then 11-year-old girl at gunpoint at his home in Vainona, Harare.
He denies the allegations, saying this was a smear campaign emanating from his acrimonious feud with the former Reserve Bank of Zimbabwe Dr Gideon Gono.
Dr Kereke for years worked as Dr Gono's advisor, but the two have since fallen out.
Source - Herald
