Private prosecutor Charles Warara yesterday accused Bikita West MP Munyaradzi Kereke (Zanu PF) of trying to stall his rape and indecent assault trial by making “spurious applications” before the court.
BY PAIDAMOYO MUZULU
Warara made the remarks after Kereke’s lawyer James Makiya resumed the trial by making two applications to the court seeking the expunging of a medical report from the court record and having mobile phone operators Econet and Telecel being ordered to release phone records of the two complainants in the matter for the period extending from January to November 2010.
The application was Makiya’s sixth since the trial started on Monday this week.
“My colleague (Makiya) is trying to buy time by bringing spurious applications before the court. I do not see the sense behind the applications,” Warara said.
In his ruling, presiding magistrate Noel Mupeiwa dismissed the application for the expunging of the record, but granted the order for the release of the phone records.
“I feel the application should not have been made in the first place. Parties cannot go back home on second thoughts and make decisions to expunge a document from the record in trying to correct their perceived errors,” Mupeiwa ruled.
“Application for the phone records is granted as this could be crucial to his defence. The court is taking into consideration that if convicted of the charges, the accused will be sent to prison for up to 20 years.”
When the trial resumed mid-morning, Makiya made two other applications against the production of a medical affidavit and medical card of the second complainant who was allegedly raped.
Like in the morning session, Mupeiwa granted one of the applications, but dismissed the other.
“The objection to the production of the medical card is upheld, but it can be used for leading evidence. However, the application objecting to the medical affidavit is dismissed,” he said.
As the trial continued, Warara began leading the second witness in giving evidence in the matter.
The hearing however, was held in camera as the complainant is still a minor.