She told the court that her child was fathered by a man
called Tinashe.
She even challenged the DNA results, which say Madzibaba
Ishmael is the father of her child, and said she could not understand how they
could indicate that way when she only had sex with the man called Tinashe.
All the complainants were 14 years old at the time and are members of Johane Masowe eChishanu Gorejena Penyeranyika Sect. They all used to live at Lily Farm in Nyabira.
The State claims that between February last year and March
12 this year, Madzibaba Ishmael used his leadership and influence on the first
complainant and raped her.
As a result of the sexual act, the teenager gave birth to a
baby girl on January 27 this year.
The matter came to light in March this year after the
atrocious acts became public knowledge, prompting the police to investigate.
The victim was rescued in Mufakose at a safe house and upon
being interviewed she allegedly became hostile due to the church’s
indoctrination which encourages married male congregates to have sex with young
girls.
Madzibaba Ishamel pleaded NOT GUILTY to the three rape
counts before magistrate Estere Chivasa.
He is being represented by Musindo Hungwe.
Madzibaba Ishmael told the court that none the three
complainants ever freely and voluntarily lodged any complaint of sexual assault
against him.
He stated that none of the three charges was premised on a
valid criminal complaint, as contemplated by the law, and no lawful prosecution
or conviction could arise from these accusations.
His fence line reads: “Assuming that there had been any
criminal complaint lodged against him, (which is denied), the said complaint
was not made to the first available person to whom the complainants would have
been expected to make it at the first available opportunity.
“He will state that to the best of his knowledge, none of
the three supposed complainants ever implicated him in any way.
“In fact, in their statements to the police, they actually
identify other individuals distinct from him, as being the persons they were
sexually involved with to the exclusion of him,” read parts of the defence
outline.
He further accused the State of involving him in a
witch-hunt.
He said the medical evidence of penetration was irrelevant
as the complainants have named the persons responsible for their pregnancies.
According to the State, the second complainant was raped
from 2018 to early this year and gave birth to a baby boy in 2022
The third complainant was allegedly raped between 2020 and
early this year and gave birth to a baby boy. A DNA test was conducted on all
the children and Chokurongerwa at the National University of Science and
Technology and the State claims the results indicated that he was indeed the
father of the child.
The DNA Paternity Test Certificates are being held as
exhibits and will be produced during trial. H Metro
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