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HARARE High Court Judge, Justice Never Katiyo, has granted $100 000 bail pending appeal to a 57-year-old man who was charged with aggravated indecent assault.
Fadzai Manzinde was convicted after a full trial at the Harare Magistrates’ Courts where he was accused of indecent assault of his 13-year-old niece.
On April 3, he appeared before magistrate, Taurai Manwere, and was sentenced to five years’ imprisonment.
Three years were suspended on condition he maintained good behaviour.
The Judge said his case was an arguable matter at the appeal court.
“If the mouth was closed how did it then happen?
“Did she become conscious that the applicant was about to kiss her,” the Judge asked.
It is the State’s case that sometime in September 2020, the complainant had a dispute with her aunt, who is Manzinde’s wife, and went to bed without eating.
Around midnight she went to the kitchen looking for something to eat and Manzinde woke up to ask the girl what had transpired between her aunt and herself.
It is alleged that the girl narrated what had happened and after that Manzinde asked for a hug from her.
The court heard that Manzinde asked the girl to kiss him and she kissed him on the cheek.
It is alleged that Manzinde kissed her back on the forehead and on her lips, inserting his tongue into the girl’s mouth.
The matter came to light when the girl told her mother, who was in Botswana, what had transpired.
Manzinde’s lawyer said the magistrate erred and misdirected himself when he imposed a custodial sentence where the effective sentence imposed could have allowed Manzinde to do community service.
Online Reporter