Mr Lamone
Chirikeno of Barham Green suburb, appeared before Bulawayo regional magistrate
Ms Sibonginkosi Mkandla facing charges of kidnapping, unlawful detention and
having sexual intercourse with a minor.
He was
represented by Mr Gary Sengweni of Sengweni Legal Practice.
In his
judgment, the magistrate stated that the girl had lied to Chirikeno about her
age and had voluntarily fled from her home.
“The
complainant told the court that she fled her home after her father caught her
standing outside the yard with her boyfriend. She said she was afraid her
father would beat her. She told the court that she stayed with one friend for a
week and another friend for a week,” said Ms Mkandla.
“After that,
she told the court she met the accused during a night out and told him she was
about to turn 19. She said she voluntarily stayed with the accused for two
weeks and said she was afraid that her father would beat her if she returned to
her family home.”
The magistrate
further noted that the accused repeatedly questioned the girl about her age and
she consistently maintained that she was above the age of consent.
“It follows
that the accused believed her, as she insisted she was old enough. In her
testimony, her mother concurred with the complainant. The State failed to prove
beyond a reasonable doubt that the accused committed the crime; as such, the
accused is found not guilty and acquitted,” ruled Ms Mkandla.
Prosecuting, Ms
Tsungai Mutapi had alleged that on September 20 this year, Chirikeno kidnapped
the girl and took her to his home, where he alleged slept with her multiple
times while aware she was below the age of consent.
The girl’s
mother alerted the police after Chirikeno posted images of her daughter on
social media. A neighbour who saw the images on Facebook recognised the girl at
Chirikeno’s home and contacted the police, leading to his arrest. Chronicle
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