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Fungai Lupande Court Reporter
Convicted rapist Simbarashe Gibson, who owns First Class Bus Company, yesterday appeared in court accused of forcing his female employee to suck his manhood at gunpoint.Gibson appeared before Harare magistrate Mr Vakayi Chikwekwe facing an aggravated indecent assault charge. Gibson’s lawyer Mr Tawanda Tandi applied for refusal of remand on the basis that his client was not advised of the charge upon his arrest.
“Accused who is partially blind was summoned to Southerton Police Station and he complied,” said Mr Tandi.
“We were advised that a warrant of arrest was issued against him on July 12, 2013 and today (yesterday) we came to court on the issue of the warrant. This offence was cooked by State while we were at court for the warrant of arrest.
“He was not informed of his charge and there is no warned and cautioned statement from him. This is similar to the case of State and Evan Mawarire, which this court strongly frowned upon.
“There is no signature from the police who prepared the request for remand or a stamp from Southerton officer-in-charge. There is no name of the complainant.”
The prosecutor Mr Michael Reza, argued that on November 14, 2011 accused was sentenced to an effective seven years in prison for rape.
“He was arrested for aggravated indecent assault and the police realised he was on a warrant of arrest. On the request for remand form there is no provision for the complainant’s name.
“Accused is not a poor man, he owns First Class Bus Company and he is also a lucky man because five working days into his sentence he was out on bail pending appeal.
“He disappeared and his appeal was dismissed on February 27, 2013. A warrant of arrest was issued, but accused was nowhere to be found.
“On July 7, 2014 he applied for Presidential pardon while he was a fugitive but the application could not be entertained. He should serve his seven years because his appeal was dismissed.”
Mr Chikwekwe adjourned the matter to today to allow State to provide the complainant’s name and accused’s warned and cautioned statement.
It is alleged that on October 9, at No. 2 Gleneagles Road in Harare Gibson ordered his female employee to come to his office when she knocked off. She complied and accused ordered her to remove her clothes, the court heard. It is alleged that she refused and Gibson removed his pair of shorts and ordered her to suck his manhood at gunpoint.
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