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Fungai Lupande Harare Bureau
ZANU-PF Bikita West legislator Munyaradzi Kereke yesterday claimed he was in a dilemma after failing to obtain a call history from Telecel Zimbabwe, crucial in exonerating him from rape charges.
Through his lawyer Erum Mutandiro, Kereke said it would take months or even years to retrieve the archived calls from Telecel.
“The call history was obtained in 2010 after the police were granted a court order while doing investigations. The official at Telecel who compiled the document is no longer available and the document has long been archived,” said Mutandiro.
“We were told that to recover the document would mean an indefinite delay to the case. Inquiries at the Prosecutor General and police revealed that the call history was put in the docket but what was discovered from the private prosecutor doesn’t cover the material time.
“Accused is in a serious dilemma and the court should direct the best way to have this critical and important evidence placed before the court.”
He said the call history establishes communication between the complainants and their relatives.
Mutandiro said the court should order the private prosecutor Charles Warara to release the document.
In response, Warara said he was not sure if defence was asking for a specific relief.
“This puts prosecution in an awkward position on what to respond to,” said Warara.
“What accused is asking for are delaying tactics. His situation is self inflicted and a failure to obtain the information he is seeking.
“I’ve the docket and they’re free to peruse. I don’t have that information. He refused to be prosecuted and delayed proceedings. This is the sixth year just to have a trial.
“My suspicion is that accused knows the call history can’t exonerate him. Of what value or significance is the call history?”
The magistrate Noel Mupeiwa said he could not order Warara to provide the information.
“He even offered the defence to peruse the docket. The court can’t start investigating on the PG’s office,” said Mupeiwa.
“The defence should summon the PG’s officials or police to come and state that they had a full call history or produce it. When trial started parties should have perused documents rather than wait for the defence case.”
Kereke also complained about prosecutor Tinashe Makiya, wife of his former lawyer James Makiya, saying she conversed with Warara.
Kereke passed written notes to his lawyer several times until Warara objected to his conduct.
“Accused can’t assist his lawyer while he is testifying. He is the lawyer and that’s his job. The lawyer can’t ask his client what documents to produce and what not to unless he ceases to be the lawyer,” said Warara.
Kereke is accused of raping a 13-year-old girl in 2010 and indecently assaulting her sister, who was 15 years at the time.
Online Reporter