adminZvikomborero Parafini
THE rape trial of nightclub manager, Ronald Ngwenya, took another twist yesterday after he revealed his intentions to approach the High Court for a review of his case.
He is being accused of raping his niece, who was just 13, at the time.
The State opposed the application stating that the complainant was a student who has continually been skipping school.
The State also said the case could continue while Ngwenya pursues his relief at the High Court.
Ngwenya’s intention to approach the High Court comes in the wake of the decision by the presiding magistrate, Clever Tsikwa, to recuse himself from the case, citing professional reasons.
Ngwenya sought a postponement of the case on that basis.
“We intend to file an application for review and we have written to the clerk of court for transcription of the record to allow us to file for our application.
“So, if the matter may be postponed by, at least, a week to allow that.
“I’m also not feeling well today,” said Ngwenya’s lawyer.
Prosecutor Zvikomborero Mupasa opposed the application.
“The complainant is a student who has to be requested from school and she has already been requested for the week.
“The State intends to lead her evidence and dismiss her as this matter keeps reminding her of her trauma and is also inconveniencing her in her studies.
“Whatever applications they intend to make in the High Court are welcome, but they don’t stop these proceedings,” he said.
The matter was postponed to Tuesday next week for commencement of a trial de novo.
Bongani Ndlovu
Mathew Masinge