High Court dismisses serial rapist’s bail application

THE High Court has dismissed an application for bail pending trial by Prosper Bhule (30), a serial rapist, who allegedly sexually attacked 17 young women in Bulawayo before robbing them of their valuables between December 2018 and March last year.

Bhule (29) of Mvundlana Village in Tsholotsho targeted victims aged between 14 to 21. He was arrested last year in March in Bulawayo’s Luveve suburb. Following his arrest, he was positively identified by his victims during an identification parade.

The alleged rapist targeted female-headed homes and came disguised as a cross-border transporter (umalayitsha). Bhule’s modus operandi would be to ask mostly high school female pupils to accompany him to collect groceries purportedly sent from the diaspora by their relatives before raping them.

He allegedly operated in Pumula Old, Luveve, Cowdray Park, Gwabalanda, Entumbane, and Njube suburbs.

Bhule, through his lawyers Samp Mlaudzi and Partners, filed an application for bail at the Bulawayo High Court citing the State as a respondent.

In dismissing the application, Justice Maxwell Takuva ruled that there was a possibility that Bhule would abscond if released on bail due to the gravity of the offences he allegedly committed.

“These are gruesome offences perpetrated upon young women. The complainants were terrorised by the applicant who was armed with an Okapi knife before they were violently raped and robbed of their valuables,” said the judge.

Justice Takuva said despite the presumption of innocence, there is a very strong prima facie against Bhule.

“It goes without saying that these heinous crimes carry stiff sentences upon conviction which in casu, is certain in view of the strong prima facie case. The applicant has no defence at all to the charges. This is not surprising due to the multiplicity of counts and the striking similarity of the modus operandi,” he said.

Justice Takuva noted that the identification parade and photos show beyond reasonable doubt that it was lawfully conducted hence its admissibility is beyond doubt.

“I take the view that there is an increased risk of abscondment in this case. Therefore, there are compelling reasons why the applicant should be denied bail, and for these reasons, I find that he is not a suitable candidate for bail,” ruled the judge.

“In the result, the application for bail pending trial is hereby dismissed.”

In his bail statement, Bhule argued that the State’s case was weak in that the identification parade was conducted contrary to the rules. He said his identification at the parade was a mere case of mistaken identity.

“I am a mere suspect who is presumed innocent until proven guilty. Whatever evidence which has been lined up against me is yet to be tested at trial, and therefore I am entitled to my liberty,” he argued.

“I am an adult of fixed abode, married with two minor children who rely on me. I have no intentions of leaving the country as Zimbabwe is my permanent place of residence hence there are no compelling reasons for me to be denied bail.”

Bhule had offered to pay $25 000 bail as security for his recognisance and also to report twice a week at Tsholotsho Police Station until the matter was finalised.

The State opposed Bhule’s application on the grounds that he was a flight risk. The National Prosecuting Authority argued that due to the seriousness of the offences coupled with a strong prima facie case, there was a likelihood that, if released on bail, Bhule would be induced to abscond.

According to court papers, it was stated that between December 2018 and March 2022, Bhule allegedly went to several houses in the western suburbs of Bulawayo and allegedly lured the victims aged between 14 and 21 by lying to them that he had been sent by their relatives in South Africa to deliver groceries.

Bhule would mention the names of the victims’ relatives’ names. He would claim that the groceries were in his car that had broken down. On all occasions, Bhule would ask the victims to accompany him to the purported spot where he left the car.

It was stated that Bhule would use footpaths passing through bushes where he would rape the victims and rob them of money, cellphones and other valuables. After diligent surveillance and intelligence gathering, detectives established that Bhule was planning to visit a house in New Luveve.

They waylaid him leading to his arrest on March 18 last year and the subsequent recovery of some of the stolen cellphones, clothes and earrings. Bhule was positively identified by the complainants at an identification parade. — @mashnets