News / National
Kereke frets over Telecel call history
27 Apr 2016 at 10:09hrs | Views
ZANU-PF Bikita West legislator Munyaradzi Kereke yesterday claimed he was in a dilemma after failing to obtain a call history from Telecel Zimbabwe crucial in exonerating him from rape charges.
Through his lawyer Mr Erum Mutandiro, Kereke said it would take months or even years to retrieve the archived calls from Telecel.
"The call history was obtained in 2010 after the police were granted a court order while doing investigations.
"The official at Telecel who compiled the document is no longer available and the document has long been archived," said Mr Mutandiro.
He said the call history establishes communication between the complainants and their relat- ives.
Mr Mutandiro said the court should order the private prosecutor, Mr Charles Warara, to release the document.
In response, Mr Warara said he was not sure if defence was asking for a specific relief.
"We were told that to recover the document would mean an indefinite delay to the case. Inquiries at the Prosecutor- General and police revealed that the call history was put in the docket but what was discovered from the private prosecutor does not cover the material time.
"Accused is in a serious dilemma and the court should direct the best way to have this critical and important evidence placed before the court."
He said the call history establishes communication between the complainants and their relatives.
Mr Mutandiro said the court should order the private prosecutor, Mr Charles Warara, to release the document.
In response, Mr Warara said he was not sure if defence was asking for a specific relief.
"This puts prosecution in an awkward position on what to respond to," said Mr Warara.
"What accused is asking for are delaying tactics. His situation is self-inflicted and a failure to obtain the information he is seeking.
"I have the docket and they are free to peruse. I do not have that information. He refused to be prosecuted and delayed proceedings. This is the sixth year just to have a trial.
"My suspicion is that accused knows the call history cannot exonerate him. Of what value or significance is the call history?"
The magistrate, Mr Noel Mupeiwa, said he could not order Mr Warara to provide the information. "He even offered the defence to peruse the docket. The court cannot start investigating on the PG's Office," said Mr Mupeiwa.
"The defence should summon the PG's officials or police to come and state that they had a full call history or produce it.
"When trial started parties should have perused documents rather than wait for the defence case."
Mr Kereke also complained about prosecutor Mrs Tinashe Makiya, wife of his former lawyer Mr James Makiya, saying she conversed with Mr Warara.
Kereke passed written notes to his lawyer several times until Mr Warara objected to his conduct.
Kereke is accused of raping a 13-year-old girl in 2010 and indecently assaulting her sister, who was 15 years at the time.
Through his lawyer Mr Erum Mutandiro, Kereke said it would take months or even years to retrieve the archived calls from Telecel.
"The call history was obtained in 2010 after the police were granted a court order while doing investigations.
"The official at Telecel who compiled the document is no longer available and the document has long been archived," said Mr Mutandiro.
He said the call history establishes communication between the complainants and their relat- ives.
Mr Mutandiro said the court should order the private prosecutor, Mr Charles Warara, to release the document.
In response, Mr Warara said he was not sure if defence was asking for a specific relief.
"We were told that to recover the document would mean an indefinite delay to the case. Inquiries at the Prosecutor- General and police revealed that the call history was put in the docket but what was discovered from the private prosecutor does not cover the material time.
"Accused is in a serious dilemma and the court should direct the best way to have this critical and important evidence placed before the court."
He said the call history establishes communication between the complainants and their relatives.
Mr Mutandiro said the court should order the private prosecutor, Mr Charles Warara, to release the document.
"This puts prosecution in an awkward position on what to respond to," said Mr Warara.
"What accused is asking for are delaying tactics. His situation is self-inflicted and a failure to obtain the information he is seeking.
"I have the docket and they are free to peruse. I do not have that information. He refused to be prosecuted and delayed proceedings. This is the sixth year just to have a trial.
"My suspicion is that accused knows the call history cannot exonerate him. Of what value or significance is the call history?"
The magistrate, Mr Noel Mupeiwa, said he could not order Mr Warara to provide the information. "He even offered the defence to peruse the docket. The court cannot start investigating on the PG's Office," said Mr Mupeiwa.
"The defence should summon the PG's officials or police to come and state that they had a full call history or produce it.
"When trial started parties should have perused documents rather than wait for the defence case."
Mr Kereke also complained about prosecutor Mrs Tinashe Makiya, wife of his former lawyer Mr James Makiya, saying she conversed with Mr Warara.
Kereke passed written notes to his lawyer several times until Mr Warara objected to his conduct.
Kereke is accused of raping a 13-year-old girl in 2010 and indecently assaulting her sister, who was 15 years at the time.
Source - the herald
