‘Gumbura has case to answer’

Tendai Rupapa Senior Court Reporter
RMG Independent End Time Message leader Robert Martin Gumbura has a case to answer in the case in which he is accused of raping one of his congregants with the assistance of his secretary, a Harare regional magistrate ruled yesterday.
Gumbura is being jointly charged with Tendai Ganyani and the pair, through their lawyers Advocate Thembinkosi Magwaliba and Ms Rekai Maposa of Maposa, Ndomene and Maramba Legal Practitioners, recently made an application for discharge at the close of the State case.

They argued that they had no case to answer.
Magistrate Ms Fadzai Mthombeni dismissed the application on the basis that the State managed to prove a prima-facie case against them.
In dismissing the application, she ruled that the duo had a case to answer and should be put to their defence.

Ms Mthombeni remanded the matter to July 23 for the defence to open its case.
She said that in coming up with the ruling, the court looked at three things which included the credibility of evidence produced in court, the manner in which the offence was committed and the prima-facie case.

“It is not questionable that there was sexual intercourse, but the court’s question is, was it by consent?” she said.
“The court has to weigh the probability or likelihood and circumstances of the offence considering the role played by both accused persons.

“At this stage, the court is to look at things to do with whether there is a prima-facie case. The degree of proof presented in court is not denied at present and it is not also denied that the State managed to prove a prima-facie case against the two. Therefore, the application is hereby dismissed.”

In his application, Gumbura argued that the sexual encounters he had with the congregant were consensual.
He said he complimented the woman after sexual intercourse, a sign that it was by consent.

“In her evidence, the complainant clearly admitted to the first accused (Gumbura) having complimented her after sexual intercourse, with words to the effect that “if you had not been in Marlborough where would I have gotten this?” read part of the application.

He said there would be no explanation as to why a rapist would compliment a rape victim unless she had been co-operative during the act.
In response, the State, led by Mrs Kudzai Chigwedere, opposed the application for lack of merit.

Mrs Chigwedere alleged that Gumbura took advantage of the underprivileged girl and raped her with the help of Ganyani who ordered the girl to go into his office before she locked the door from outside.

After raping the girl, it is alleged, Gumbura phoned Ganyani to unlock the door.