On the DNA evidence, Harare regional magistrate Mrs Gloria
Takundwa said the substance on tissue paper and believed to be the
businessman’s semen should have been taken for forensic tests by the police not
the mother of the girl.
“Such exhibits must have been recovered by police and
handed by them to IAB laboratories for test. In the case there was risk of
tampering as the samples were taken to the police after the complaint was made.
There was also the problem over how the allegations were
reported to the police, especially the time and incidents that unfolded before
a complaint of sexual assault was raised.
“It was delayed and the complainant was expected to inform
her mother or teacher. She knew that was to be made at first opportunity. She
went to her mother several times but she did not use such opportunities.
“She had to wait until a friend sent a message and then she
was quizzed by her mother and not voluntarily make the complaint.
“There was an opportunity to make the report to her teacher
when she attempted to commit suicide because of the sexual abuses. The rape
complaint did not meet the admissibility required. It is a fact that when the
complaint was made she has to be quizzed over messages send by a friend. It is
not safe to convict the accused under such circumstances,” she said.
During trial, the businessman denied the allegations saying
they were cooked up by his wife in a bid to extort money from him. He alleged
that his wife wanted money, residential stands and cars from his assets.
The businessman, who was being represented by lawyer Mr
Gwinyai Shumba, had also questioned the DNA results and said it had failed to
link him to the offence.
He argued that the test did not mention that it was his
semen. Herald
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