Online Reporter
Patrick Chitumba
THE Masvingo High Court has quashed a five-year jail sentence passed on a Gweru traffic police officer, Michael Jackson (32), who had been sentenced to five years in prison for having sexual intercourse with a minor.
Following his conviction and sentence, Jackson, through his prominent Gweru lawyer Mr Esau Mandipa of Mandipa, Makwara and Chikukwa Legal Practice, lodged an appeal against conviction and sentence at the Masvingo High Court.
The appeal was heard by Justice Garainesu Mawadze.
Justice Mawadze, according to the High Court order, noted that it had been agreed by consent that the appeal be and is hereby upheld.
“The convictions in respect of counts one to three be and are hereby quashed, and the sentence imposed by the court a quo set aside and substituted with the following: the accused is found not guilty in respect of all three counts and is acquitted,” reads part of the order by Justice Mawadze.
Jackson appeared before Gweru regional magistrate, Mr Christopher Maturure, facing counts of rape but was convicted of a lesser count of having sexual intercourse with a minor at the close of the State case.
Jackson, through Mr Mandipa, had entered a plea of not guilty to rape.
The court, however, ruled that Jackson had consensual sexual intercourse with the now 16-year-old complainant.
Mr Maturure sentenced Jackson to five years before suspending two years on condition of good behaviour.
Prosecutor Mr Talent Tadenyika told the court that Jackson is a member of the police holding a rank of Constable and is currently stationed at Gweru Traffic Section.
He told the court that the complainant in this case is a female juvenile who was 14, residing at ZRP Main Camp, Gweru, and is a neighbour of Jackson.
“On 28 October 2022 and at around 8pm, the complainant arrived home from Windsor Park suburbs in Gweru where she had been attending a party with her friends,” he said.
Mr Tadenyika told the court that the complainant arrived home and found the doors closed. She knocked at her parents’ door wanting to get inside but nobody responded and during that time, Jackson was standing outside his house watching.
“Jackson approached the girl and requested her to accompany him to Milan Family Restaurant in the central business district. They boarded his motor vehicle, an X-Trail model, and drove to town,” said Mr Tadenyika.
He said Jackson and the complainant allegedly arrived at Milan Restaurant where he bought her a burger and a drink.
Mr Tadenyika said Jackson drove his motor vehicle and parked it outside Gweru Rural Police Station and requested the complainant to come and sit on the front seat.
“The complainant went and sat on the front seat, the accused person started to fondle her breasts. The accused person removed the complainant’s jean trousers and pants, he lowered his trousers and had sexual intercourse once without her consent,” said Mr Tadenyika.
After the act, Jackson drove the vehicle to his place of residence after dropping the complainant at her house.
“The complainant again found the door locked and no one opened for her. She then went to the accused’s house where she sought a place to sleep for the night and had sexual intercourse with him,” said Mr Tadenyika.
The following morning her parents asked her where she had slept and a report was made to the police leading to the arrest of Jackson.
