By Geraldine Zaranyika
A Forward in God church pastor, who is also a teacher at Faith in Action School, was on Tuesday sentenced to an effective 12 years in prison for sodomising a six-year-old from his neighbourhood.
Harare magistrate Mrs Jessie Kufa initially jailed Prosper Kamuchira for 17 years before suspending five years on condition that he does not commit the same offence in the five years following his release.
In mitigation, he told the court that he was a family man who also took care of his sick mother. He told the court that he was a teacher and a pastor and his incarceration would adversely affect his professions.
Mrs Kufa, however, convicted Kamuchira due to overwhelming evidence.
Prosecutor Mr Panganai Chiutsi had implored the court to convict Kamuchira on the basis that his victim had proved that he had been sodomised using anatomically correct dolls.
“The court should consider that the evidence of the minor was credible and believable despite the fact that he is a child,” he said.
“The minor was able to stand intense cross- examination as Kamuchira tried by all means to use different techniques and dimensions to confuse him during cross-examination,” he said.
He also asked the court to consider the 27-year age difference between Kamuchira and the minor.
“There is an age difference of 27 years between the two and the court should consider the physical and psychological trauma that the minor is experiencing,” he said.
In passing sentence Mrs Kufa said the doctor confirmed that Kamuchira used brutal force when committing the offence resulting in the victim developing a disorder.
“The minor now has a disorder, he always soils himself and we do not know if this is going to stop,’’ she said.
She also indicated that there had been a serious breach of trust as the minor continued addressing Kamuchira as “Sir” even during trial commencement.
The court heard that Kamuchira lured the minor to his house and sodomised him on several occasions.
The matter came to light after the minor started experiencing difficulties in relieving himself leading to his mother quizzing him.
He then told her about his ordeal leading to Kamuchira’s arrest. Mrs Kufa said a lengthy custodial sentence was justified given the gravity of the offence and the trauma that the victim was subjected to.
Meanwhile, a Harare man was on Tuesday sentenced to 18 months in prison for unlawful entry at the Mbare Courts.
Tererai Kambadza (27) pleaded guilty to two counts of unlawful entry when he appeared before magistrate Ms Elizabeth Mugomera, writes Wellington Dengu.
Ms Mugomera sentenced Kambadza to 24 months in prison before suspending six months on condition of good behaviour and that he does not commit a similar offence in five years.
In passing sentence, Ms Mugomera said she considered that Kambadza was a first offender who did not waste the court’s time but a custodial sentence was inevitable due to the gravity of the offence.
On the first count, the complainant, Tichafara Chapfika of Area 14 Old Highfield in Harare, locked the door to his cabin and went out for drinks on July 31, 2019 at around 6:30pm.
While he was out, Kambadza forced open the door and stole 2×100-watt solar panels, 1x solar water pump, one wheelbarrow, one hacksaw, 1x pair Jordan size 9 shoes, 1 x blue satchel, 1 x pair trousers, 1 x shirt and Nivea skin lotion and escaped unnoticed.
Kambadza was arrestwd by detectives in Machipisa a few days days leading to the recovery of goods valued at $3 700.
On the second count another complainant, Peter Muyada, who used to employ Kambadza as a gardener, closed all his windows and locked all doors and left the keys to his house on top of the shelf in the bathroom and left for his workplace at 7am on September 13, 2019.
Kambadza found the keys, unlocked the doors and stole an Ecco 32-inch plasma TV, gas stove and two cellphones and disappeared. All the property was worth $645.
Muyada together with his friends spotted the convict seated on the bridge along Mangwende Drive in Highfied on September 15, 2019 and handed him over to the police leading to the recovery of the goods. The Herald