Online Reporter
Zvikomborero Parafini
Court Reporter
THE high-profile trial of a man accused of raping a Grade Seven pupil at Rezende Street Bus Terminus opened in Harare on Tuesday, with the accused pleading not guilty and presenting a startling medical condition as his defence.
Givemore Mutape appeared before Harare regional magistrate Fadzai Mthombeni, charged with rape.
While he admitted to interacting with the minor on the day in question, he strongly denied the assault, claiming he was physically incapable of the act.
Contradicting the State’s allegation that he is a tout, Mutape told the court he repairs car radios for a living and on the day in question, he was repairing a commuter omnibus radio in the rank.
He presented an extraordinary defence, saying he could not engage in sexual activity because he did not have testicles. He challenged the court to have him medically examined to prove his incapacity.
The court heard that on the day of the incident, the complainant approached a commuter omnibus driver known as Khule, asking for a rank marshal named Night Mashayamanja.
Khule reportedly referred her to Mutape, who was repairing a radio in his kombi.
Mutape told the court that he advised the girl that he did not know Night’s whereabouts but was ready to take a message. She allegedly told Mutape to tell Night that ‘his person’ was looking for him.
He told the court that Night returned after an hour and he relayed the message and described the girl.
Night appeared to have recognised her from the description and asked for Mutape’s phone and used it to communicate with the girl on July 19.
Mutape told the court that he was surprised when the police came looking for him using his WhatsApp profile picture, accusing him of raping the girl, whom he had assumed to be Night’s girlfriend.
The State, represented by Prosecutor Chido Gohori, presented a different account.
Prosecutor Chido Gohori alleged that on July 19, the complainant left home alone around midday and went to collect money for extra lessons from her stepfather at the corner of Leopold Takawira Street and Jason Moyo street.
Upon arrival, she went to her step-father’s workplace, where she was given cash US$10 and started making her way back home.
While she was at Rezende Parkade rank to get a commuter omnibus to Marlborough, Harare, the touts started obstructing her from entering the commuter omnibus she wanted to embark. At that moment, Mutape approached the girl and purported that he wanted to help her. He allegedly then ordered her to enter a white commuter omnibus that was parked, and she complied. The complainant went and sat alone on the back passenger seat of the commuter omnibus.
He followed her into the commuter omnibus and locked the doors, then raped her after placing a white cloth on her mouth. Later he released his victim and she went back home.
The matter came to light on July 21, when the complainant’s uncle went to her school and complained that she had returned late from town.
The complainant was then interviewed by her teacher, leading her to reveal the sexual abuse.
