A 24-year-old Harare man who was last week sentenced to eight years in jail for rape today heaved a sigh of relief after he was granted bail pending appeal by a Harare magistrate.
Denzel Chikore was convicted by Harare Magistrate Mr Taurai
Manuwere after a full trial.
The magistrate initially sentenced Chikore to 12 years in
jail before suspending four on condition that he does not commit a similar
offence in the next five years.
In his application for bail pending appeal defence counsel
Mr Levious Mundieta successfully argued
before Magistrate Mr Manuwere that the accused has high prospects of success on
appeal to the high court, particularly in that the State failed to prove that
the complainant was intoxicated on the night in question taking into
consideration the undisputed facts she
did not suffer any hangover and managed to conduct her master of ceremony
duties the following morning without any problems.
Mr Mundieta said it was also argued on behalf of the
accused that the alleged circumstances of the rape did not prove beyond any
reasonable doubt that there was no consent on the part of the complainant
especially considering that there was no sign of protest, and moreso that the
complainant continued sleeping after the sexual intercourse.
The court agreed with Mr Mundieta and it confirmed that the
accused has a reasonably arguable case on appeal and on that basis granted the
application for bail pending appeal. Herald
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