News / National
Judgement day for Gumbura
15 Jul 2014 at 10:12hrs | Views
Harare regional magistrate Ms Fadzai Mthombeni is today expected to hand down her ruling on RMG Independent End Time Message leader Robert Martin Gumbura, who is accused of raping a congregant with the help of his secretary.
Gumbura is jointly charged with Tendai Ganyani and the pair, through their lawyers Advocate Thembinkosi Magwaliba and Ms Rekai Maposa of Maposa, Ndomene and Maramba Legal Practitioners, recently made an application for discharge at the close of the State case.
The duo argued that they had no case to answer.
In his application, Gumbura argued that the sexual encounters he had with the congregant were consensual.
He said he complimented the woman after sexual intercourse, a sign that it was by consent.
"In her evidence, the complainant clearly admitted to the first accused (Gumbura) having complimented her after sexual intercourse, with words to the effect that "if you had not been in Marlborough where would I have gotten this?" read part of the application.
"There would be absolutely no explanation as to why a rapist would compliment a rape victim unless she had been co-operative during the act."
Ms Maposa pointed out that there were many inconsistencies in the witness' testimony.
She argued that the complainant contradicted herself in her two statements made to the police and the evidence she gave in court.
In response, the State, led by Mrs Kudzai Chigwedere, argued that the application for discharge lacked merit and should be dismissed.
"At this stage, the State need not to prove its case beyond reasonable doubt, but just show that accused has a case to answer," she said.
"Thus, the evidence adduced before the court should prove a prima facie case against the accused persons.
"It is clear that the evidence on record clearly shows that the State has proved a case against the accused persons. Both accused persons have a case to answer and should be put on their defence and their application for discharge should be dismissed."
Mrs Chigwedere alleged that Gumbura took advantage of the underprivileged girl and raped her with the help of Ganyani.
Ganyani allegedly ordered the girl to go into Gumbura's office before she locked the door from outside.
After raping the girl, it is alleged, Gumbura phoned Ganyani to unlock the door.
Gumbura is jointly charged with Tendai Ganyani and the pair, through their lawyers Advocate Thembinkosi Magwaliba and Ms Rekai Maposa of Maposa, Ndomene and Maramba Legal Practitioners, recently made an application for discharge at the close of the State case.
The duo argued that they had no case to answer.
In his application, Gumbura argued that the sexual encounters he had with the congregant were consensual.
He said he complimented the woman after sexual intercourse, a sign that it was by consent.
"In her evidence, the complainant clearly admitted to the first accused (Gumbura) having complimented her after sexual intercourse, with words to the effect that "if you had not been in Marlborough where would I have gotten this?" read part of the application.
"There would be absolutely no explanation as to why a rapist would compliment a rape victim unless she had been co-operative during the act."
Ms Maposa pointed out that there were many inconsistencies in the witness' testimony.
She argued that the complainant contradicted herself in her two statements made to the police and the evidence she gave in court.
In response, the State, led by Mrs Kudzai Chigwedere, argued that the application for discharge lacked merit and should be dismissed.
"At this stage, the State need not to prove its case beyond reasonable doubt, but just show that accused has a case to answer," she said.
"Thus, the evidence adduced before the court should prove a prima facie case against the accused persons.
"It is clear that the evidence on record clearly shows that the State has proved a case against the accused persons. Both accused persons have a case to answer and should be put on their defence and their application for discharge should be dismissed."
Mrs Chigwedere alleged that Gumbura took advantage of the underprivileged girl and raped her with the help of Ganyani.
Ganyani allegedly ordered the girl to go into Gumbura's office before she locked the door from outside.
After raping the girl, it is alleged, Gumbura phoned Ganyani to unlock the door.
Source - The Herald
