HH 285-18 VICTOR CHIMINYA versus THE STATE

VICTOR CHIMINYA

versus

THE STATE

 

 

HIGH COURT OF ZIMBABWE

NDEWERE J

HARARE, 20 March 2018 and 30 May 2018

 

 

Bail ruling

 

 

C K Mutevhe, for the applicant

F Nyahunzvi, for the State

 

            NDEWERE J: This is an application for bail pending appeal. The State had conceded but I invited submissions from both parties.

            The applicant, an Archbishop and Founder of Sangano ra Jehova Apostolic Church in Buhera, was convicted of the rape of a 15 year old Form 2 girl who was a member of his church. The evidence was that when the complainant was walking home after a church service with a 12 year old colleague, the Bishop called them back and invited them to stay the night as it was not safe to return to their home in the dark. Thereafter he started to pray with the complainant and the 12 year old colleague and her mother. Thereafter, he came up with a plan to separate the complainant from the 12 year old and her mother and invited the complainant to his shrine at his homestead for “more prayer”. At the shrine, he told the complainant that he wanted to cast out a spirit on her through sexual intercourse with her and that if she disclosed the incident to anyone, he would break his clay pot and cause her to go mad or die. She initially refused but when he threatened once more to break the clay pot, she gave in. The complainant demonstrated to the court how the rape happened using the male and female doll given to her. She said after the act, she was told to clean her private parts with paraffin which was in a two litre container in his office. After that, she was told to

re-join the others and go to sleep.

            The complainant said she did not disclose the rape to anyone because of the fear of what would happen to her if the applicant broke the clay pot. About two months later, the complainant attended an all-night prayer. The applicant came to the prayer and invited people 

Download File: 

Tags: 

Year: 

2018