RAPIST and former Bikita West MP Munyaradzi Kereke’s High Court appeal against both conviction and sentence has been set down for hearing on September 19 this year.
by PAIDAMOYO MUZULU
Kereke is currently serving 10 years in prison after being convicted of raping his minor nephew at gunpoint at his house by Harare regional magistrate Noel Mupeiwa in July last year.
Private prosecutor and the victim’s family attorney Charles Warara yesterday confirmed that he had been served with a notice of set-down for the Kereke appeal.
“The Kereke appeal against both conviction and sentence has been set down for hearing on September 19 at the High Court,” he said.
Warara said he was ready to defend the conviction.
“We are finalising our arguments and we will defend the conviction,” he said.
Kereke, through his lawyer Advocate Thabani Mpofu, in his appeal argues that Mupeiwa misdirected himself; and even if the appeal court upholds the conviction, then the sentence should be reduced to eight months’ imprisonment.
Both counsels confirmed having filed their heads of arguments setting the stage for the legal showdown.
Mupeiwa, in his judgment, noted as facts that the complainant was a minor when she was raped. The age of the respondent was taken into account by the court vis-à-vis that of the complainant and that a weapon (gun) was used in the commission of the rape. The court also noted that the person committing the rape was related to the victim and that the sexual intercourse was unprotected.
Kereke has twice after conviction and sentencing unsuccessfully applied for bail pending appeal at the High Court.
In his applications, he argued that his case’s prospects of success and was willing to pay bail of $3 000, put his house as surety, surrender his passport and report three times to the police as part of his bail conditions.
The bail applications were successfully opposed in both instances.