A GOKWE-based Central Intelligence Officer (CIO) lured a
20-year-old woman into his bedroom where he tried to rape her before the victim
bit his penis and escaped.
This emerged when Lloyd Herbert Nyamuchiwa approached the
High Court challenging his conviction and sentence imposed by a lower court.
Nyamuchiwa attempted to rape the woman who had approached
him seeking assistance to secure a place to train as a teacher as Mkoba
Teacher’s College in Gweru.
Nyamuchiwa was last year convicted of attempted rape by a
Gokwe magistrate who sentenced him to four years in jail of which one year was
suspended for five years on condition of good behaviour.
Bulawayo Justice Nicholas Mathonsi dismissed Nyamuchiwa’s
appeal, saying it lacked merit.
The judge said the complainant’s evidence was consistent
and demonstrated the absence of consent.
Justice Mathonsi said Nyamuchiwa abused his position as an
officer in the President’s Office to victimise a desperate school leaver.
“This is a person who abused his position as an officer in
the President’s Office and a member of Zanu-PF to victimise a simple rural
school leaver desperate for a placement at a college. She was unsuspecting and
genuinely believed that she could be assisted,” said the judge.
“Even the complainant’s mother entrusted the appellant who
turned out to be a wolf in sheep’s clothing. For betraying that trust the
appellant deserved what was coming to him and there is absolutely nothing wrong
with the sentence. In the result, the appeal is hereby dismissed in its
entirety,” ruled Justice Mathonsi.
Nyamuchiwa, through his lawyers H. Tafa and Associates,
said the evidence by State witnesses was not credible and full of
inconsistencies.
In his grounds of appeal, Nyamuchiwa argued that the
complainant seduced him because she was desperate to enrol at Mkoba Teacher’s
College.
“Although I was meeting the complainant for the first time,
she is the one who seduced me by sitting on my bed, removing her jacket and
pushing her dress up seductively. Having been encouraged by the complainant’s
actions, I requested to have sex with her and she agreed. Having helped her
take off her clothes I asked her to perform oral sex on me and she complied,”
said Nyamuchiwa.
Nyamuchiwa said after oral sex, the complainant’s phone
rang and she spoke to her mother after which she announced that she had to
leave.
The facts of the matter are that on July 12 last year, the
complainant’s mother referred her daughter to the Zanu-PF district offices in
Gokwe where she was to submit her application forms for enrolment at Mkoba
Teacher’s College.
The complainant was given Nyamuchiwa’s phone number so that
she could contact him. Upon arrival, the complainant found the office closed
and she immediately phoned her mother who in turn contacted Nyamuchiwa to
assist her daughter.
The complainant phoned Nyamuchiwa who offered to process
her application. The court heard that Nyamuchiwa then lured the woman to his
house. On arrival Nyamuchiwa immediately locked the door and attempted to have
sex with the complainant.
Nyamuchiwa undressed complainant and threw her onto the bed
before putting a condom while pinning her down.
The complainant wrestled with Nyamuchiwa during which she
managed to bite his private parts resulting in the appellant releasing her.
The woman managed to escape and she contacted her mother
about what transpired. A report was made to the police leading to Nyamuchiwa’s
arrest. Chronicle
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