Maxman Rushambwa (46) of Vengere suburb was convicted of
indecent assault after a full trial by Rusape magistrate, Ms Annie Ndiraya.
She sentenced Rushambwa to 24 months imprisonment.
Rushambwa denied the offence, telling the court that the
allegations against him were fabricated by his unnamed political opponents who
are after his downfall.
Public prosecutor, Mr Marlon Makamba told the court that
Rushambwa lured his 23-year-old victim, together with his friend, on the
pretext that he wanted to attend a funeral vigil with them, but instead
proceeded to a night club before heading back home with his drunk victim.
“On April 30, the complainant was asked by his friend to
accompany him to Rushambwa’s house since they wanted to attend a funeral in UVE
section of Vengere,” said Mr Makamba.
Upon their arrival at the accused person’s house, Rushambwa
told them that they would attend the funeral the following day.
He asked them to accompany him to a night club for a beer
binge.
“They later went to back to Rushambwa’s house and continued
drinking beer. Rushambwa went to sit on the sofa next to the complainant and
put his hand on the complainant’s private parts, but he was stopped.
“Later, the three went to sleep in the accused’s bedroom
and Rushambwa slept between the complainant and his friend,” said Mr Makamba.
The court heard that around dawn, the complainant was
awakened by Rushambwa who was caressing his body while naked.
“The complainant pushed Rushambwa away and jumped from the
bed as he asked Rushambwa what was he doing. The complainant’s friend was
awakened by the commotion.
“The friend discovered that the complainant’s track bottom
had semen all over it and was at knee level. The complainant also had semen on
his thighs,” said Mr Makamba.
Mr Makamba further told the court that they were attempts
by Rushambwa’s friends to defeat the course of justice by offering the victim
US$20 to buy his silence.
“On the same day, the complainant, in the company of his
friend, proceeded to the police and filed a report. However, some of
Rushambwa’s friends asked the complainant to have an out of court settlement
with the accused person and gave him US$20,” said Mr Makamba.
The complainant surrendered the money to the police as an
exhibit. Manica Post
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