By Tendai Rupapa
Robert Martin Gumbura says the sexual encounters he had with one of his congregants were consensual since she was his “concubine”. Gumbura revealed this in his application for discharge in a case in which he is accused of raping a congregant with the help of his secretary, Tendai Ganyani.
In their application for discharge at the close of the State case filed at the Harare Magistrates’ Court through their lawyers Advocate Thembinkosi Magwaliba and Ms Rekai Maposa of Maposa, Ndomene, Maramba Legal Practitioners, the duo argued that they had no case to answer.
Gumbura added that 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?” 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.
“In her evidence-in-chief the complainant did not mention that Gumbura threatened to curse her. There is absolutely no reason why she would omit this part since it was the alleged reason why she did not report to the police,” the submissions read.
Ms Maposa pointed out that there were so many inconsistencies in the witness’ testimonies. She argued that the complainant contradicted herself in her two statements she made to the police and the evidence she gave in court.
The State, led by Mrs Kudzai Chigwedere, is expected to respond to the application on Friday this week while magistrate Ms Fadzai Mthombeni, will pass the ruling on July 15.
The State 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. The Herald
