Plaxcedes Hove Court Reporter
PROSECUTORS have charged three brothers with obstructing the course of justice for concealing the rape of a teenager by a relative.
Patrick Phiri, of Nkulumane, committed suicide last week as police moved to arrest him over the sustained sex abuse of the girl, now 16.
The victim later gave birth to Phiri’s baby – but the tot was immediately taken away from her and was presumed dead until yesterday when it was claimed she was still alive.
The Phiri brothers — Liveson, 54, Obert, 43, and Mkula, 40, — appeared before Western Commonage magistrate Maphios Moyo yesterday to deny charges of obstructing the course of justice.
Prosecutors say the trio, during a family meeting, were told that their brother, Patrick, had raped their niece but resolved to conceal the matter.
Prosecuting, Tatenda Dakwa said the three were related to Violet Tembo and Sibusisiwe Nzima who were each jailed for nine months on Tuesday for their part in the cover up.
He told court that the trio held a family meeting at their brother’s house in Nkulumane soon after discovering that the teenager had fallen pregnant sometime in 2012.
“They held a family meeting at Nkulumane in the presence of Tembo and Nzima where they then agreed that Patrick pays $100 a month to Tembo [who was to take custody of the victim]. Patrick started paying the money soon after the elders had agreed,” said Dakwa.
The rape victim later gave birth to a baby who was then immediately taken to Esigodini by Nzima, who said it was part of the family agreement to do so.
The victim was later told that her baby had died in a bus due to discomfort from a rugged road and was taken to Esigodini Hospital for cremation.
Nzima, who took the witness stand in yesterday’s trial, recanted her testimony on Tuesday during which she said the baby had died. “The baby might be alive at a homestead in Esigodini, but I don’t know which home exactly. The person who knows about the baby is Patrick who committed suicide,” she said.
The rape victim, who was also in court, said: “I’m confused now. I don’t know what really happened to my baby, whether she’s actually dead or alive somewhere. This case is really messing with my head.”
The Phiri brothers pleaded not guilty to the charge.
Obert told the magistrate: “We don’t know anything about the rape or any meetings. We only heard through the Chronicle newspaper that our brother was a rapist.”
Their trial continues on Monday next week.



