By Tendai Kamhungira
HARARE – The hearing of Munyaradzi Kereke, Zanu PF MP for Bikita West’s Supreme Court appeal, challenging his prosecution on rape allegations, has been set for September 30.
Kereke pleads his innocence, despite High Court Judge Happias Zhou’s ruling, ordering prosecutor-general Johannes Tomana to issue a certificate for his private prosecution.
Zhou’s ruling forced the businessman to approach the Supreme Court, appealing against the decision.
He claims he has no case to answer and should not be prosecuted on charges of raping an 11-year-old girl at gunpoint at his home in Vainona, Harare four years ago.
Zhou’s ruling followed an application by the girl’s guardian Francis Maramwidze, through the family lawyer Charles Warara, seeking the prosecution of Kereke, claiming that he reported the alleged rape in October 2009, but police did nothing about it.
“Following this report, the police were expected to take the case a step further by effecting an arrest of the accused. That was not done. He was not even called to report to the police station,” said Maramwidze.
However, Kereke claims due process was followed by the investigating authorities and that he submitted a warned and cautioned statement to Borrowdale Police Station at the material time on the complaint that had been lodged against him.
“The first respondent’s submissions to this honourable court clearly show that the first respondent (commissioner-general Augustine Chihuri) fully discharged their constitutional mandate and saw no merit for investigating further, let alone prosecuting me.
“Accordingly, any court seeking to impose that obligation to investigate and prosecute any alleged criminal activity within these officers (police and the prosecutor-general) and their independent institutions, let alone on me will be clearly infringing on their independent rights to maintain law and order as enshrined in the Constitution of Zimbabwe,” Kereke said in his application.
Kereke, who is represented by James Makiya, said there was no incriminating evidence that warranted his prosecution. Daily News