THE sexual encounters that jailed Independent End Time Message founder Robert Martin Gumbura (57) had with a 28–year–old woman in 2009 were consensual, the jailed cleric’s lawyer has said. PHILLIP CHIDAVAENZI
Gumbura’s lawyer, Advocate Tembinkosi Magwalimba said this in an application for discharge at the close of the State case in a case in which Gumbura and his secretary Tendai Ganyani are facing fresh rape charges.
He said the State only laid one count of rape when the complainant’s statement to the police indicated that she had sex with Gumbura on several occasions.
“The complainant, intending to clear her name, has now falsely laid charges against the accused persons,” reads the application, which was submitted to regional magistrate Fadzai Mtombeni.
Magwalimba also submitted that there were contradictions in the statement made at Rhodesville Police Station on March 18, 2013, and that made on March 1, 2014, showing that the charges were false.
He said Ganyani was not implicated in the case and was therefore entitled to an acquittal.
Magwalimba also said the evidence presented by the complainant’s guardian, Francis Phiri, at the time that the former was allegedly raped exonerated Gumbura because the complainant never disclosed to anyone that she had been abused on the day she went to Gumbura’s house after a church service.
The State will respond to the application this Friday and ruling will be made on July 15.
