CONVICTED rapist Buhera Chief Chitsunge, born Magaya Gunguwo (83), was yesterday freed by the High Court after Justice Joseph Musakwa ruled there were prospects of success on his appeal against both conviction and sentence.
SENIOR COURT REPORTER
Justice Musakwa said the trial magistrate erred in imposing a 15-year jail term for an old traditional leader even though he committed a “very serious offence”.
“A 15-year jail term for an 83-year-old man is not justified. This is a proper case for bail given that it is tainted with various inconsistences and improbabilities,” Justice Musakwa said before granting Gunguwo $500 bail pending appeal.
Attorney-General representative Richard Chikosha also agreed that the trial was “fumbled” and as such there were prospects of success on Gunguwo’s appeal.
The chief was slapped with an effective 10-year jail term in March this year after being convicted of raping a 14-year-old village girl who is also a distant relative.
Yesterday, Gunguwo enlisted the services of Advocate Lewis Uriri, who argued that the trial magistrate and the prosecutor who dealt with the matter had left a lot of grey areas in the matter although a conviction was eventually arrived at.
In his submissions, the chief blamed his rival in the chieftainship wrangle for influencing the minor to fabricate rape charges against him.
