Madzibaba Ishmael faces at least 15 years in jail

MADZIBABA Ishmael faces, at least 15 years in jail, after the Apostolic Sect leader was convicted of raping and impregnating a 13-year-old girl despite spirited attempts by the victim to help him escape the jaws of justice.

Harare regional magistrate Estere Chivasa yesterday found Madzibaba Ishmael gulty in the latest chapter to the drama which started with a police raid at his farm in Nyabira on March 13 last year.

All the three complainants said they had no links, whatsoever, with Madzibaba Ishmael but DNA helped the State to secure conviction.

The DNA tests were conducted by the National University of Science and Technology (NUST) and conclusively proved that Madzibaba Ishmael fathered the three children born to the complainants.

Despite the scientific evidence, Madzibaba Ishmael argued that the DNA results were tainted and inadmissible.

He also denied all allegations of rape, claiming the complainants had not voluntarily reported the incidents to the police.

The prosecution argued that Madzibaba Ishmael abused his position as a trusted religious leader to exploit and rape young congregants under the guise of religious authority.

Madzibaba Ishmael is expected back in court today for the pre-sentencing hearing.

Oscar Madhume prosecuted.

H-Metro exclusively broke the story of the police raid and Madzibaba Ishmael's arrest and the newspaper has played a leading role in the coverage of his case.

Madzibaba Ishmael, who had been attending court coming from home, was detained in custody yesterday as he now awaits his sentencing.

Initially, he was being charged with three counts of rape and was convicted on one charge after the court found that the other two complainants were not minors as had been previously claimed.

He was acquitted of the charges related to the ill-treatment of minors and breaching the Burial and Cremation Act.

Magistrate Chivasa said Madzibaba Ishmael's followers were stripped of their right and ability to exercise freedom of choice through oppressive religious dogma which was as good as slavery.

The magistrate said:

"An accused can only be found guilty of a crime where the evidence is circumstantial if: -the circumstances from which an inference of guilt is sought to be drawn are all established, the inference of guilt is consistent with all the proved facts, and the proved facts are such that they exclude every reasonable inference from them except that accused is guilty.

"The circumstances taken cumulatively form a chain so complete that the conclusion is inescapable that within all human probability the crime was committed by the accused.

"No direct evidence is necessary for their probative value, save that things do happen that way without reason or explanation and the circumstantial evidence is incapable of explanation by any other hypothesis than that of guilt of the accused.

"Such evidence should not only be consistent with the guilt of the accused but also inconsistent with his or her innocence," she said.

Magistrate Chivasa said while the complainants denied any links with Madzibaba Ishmael, there was DNA evidence proving otherwise.

"The three complainants all denied any link with the accused person, and even wondered why he was arrested and why they were called to come to court to testify.

"They all said they are not aware of his position at church since there are a lot of congregants at church.

"They all denied ever having sexual intercourse with the accused but on the other hand, however, there is scientific proof (DNA paternity test results providing proof beyond reasonable doubt that the accused engaged in sexual intercourse with them and bore children.

"The complainants clearly were regular congregants at accused's shrine in which he was the founder and leader so there is no way they could not have known him after all it has been proved beyond reasonable doubt that the accused had sexual intercourse with them."

The magistrate added:

"It has to be noted that the complainants were still very young particularly (name withheld) who was aged 13 to 14 years when the offence is alleged to have taken place.

"In such an oppressive environment, in which the followers are stripped off their right and ability to exercise freedom of choice through the proven oppressive religious dogma which is as good as slavery, the only reasonable inference conclusion is that the sexual intercourse was not consensual."

One of the key witnesses painted a harrowing picture of the oppressive religious structure where congregants where held as hostages.

The magistrate noted that the complainants, who came from different backgrounds, gave consistent evidence which was proven untrue by DNA results.

During the trial, the victims exhibited visible fear, freezing whenever questioned about the church's doctrines.

This suggested they were still under the influence of indoctrination, with their main focus being to protect the accused.