Online Reporter
Court Reporter
Apostolic sect leader, Ishmael Chokurongerwa, who was convicted of one count of rape and sentenced to 20 years imprisonment, has been granted bail pending appeal by the High Court.
Justice Nevile Wamambo ruled that the applicant has prospects of success on appeal due to issues including the absence of a direct rape complaint by the complainant, the handling of DNA samples, and the age of the complainant.
The bail amount was set at US$1 000. Chokurongerwa was acquitted of two rape counts but found guilty on one relating to the complainant, P.T.
The applicant filed a notice of appeal citing five grounds, including challenges to DNA evidence, the authenticity of the complainant’s birth certificate, and the credibility of a key witness.
The State opposed bail, arguing that the DNA samples were handled properly and that the complainant’s birth certificate did not affect the conviction.
The court found the case unusual as there was no direct complaint of rape from the complainant or her guardian, and the complainant herself exonerated the applicant in her testimony.
Justice Wamambo noted that while the complainant’s age was contested, the magistrate relied on an age estimation report placing her at approximately 15 years at the time of the offence.
The court also highlighted that the complainant never testified to consent but did not provide evidence of non-consent, raising questions about the conviction.
The court emphasised that the presumption of innocence no longer applies post-conviction and that the applicant bears the burden of proving entitlement to bail pending appeal. Considering the circumstances and the prospects of success on appeal, bail was granted with conditions including residence at a specified address, regular reporting to police, and appearance at the appeal hearing.
The order requires the applicant to deposit US$1 000 with the Clerk of Court at Harare Magistrates Court and comply with the listed conditions until the appeal is finalised.
