Rape accused businessman queries DNA results

Narrating her story, the woman said the officer had given her a dollar to buy food while she was sitting in the charge office. “When I denied his sexual advances, the police officer wrestled with me arguing that I had to return his one dollar.He took advantage of the fact that I had disclosed that I had no other money for transport to return to Madziva.”

Nyore Madzianike
Senior Court Reporter
A Harare businessman, who is being tried on allegations of raping his daughter on several occasions since 2017, has queried the DNA results of tests conducted during police investigations.

He objected to have the investigating officer who handled the matter to testify in court, saying the State should have made that indication before the trial opened.

DNA tests were done on tissues that were used on one of the occasions where he allegedly raped his daughter.

Through his lawyer, Mr Gwinyai Shumba, the businessman told Harare regional magistrate Mrs Gloria Takundwa that allowing the investigating officer, Tendai Muchero, to testify will subject him to an unfair hearing.

The State led by Miss Audrey Chogumaira wanted Muchero to testify on how the police took the semen for DNA testing.

“I wanted the investigating officer to explain how the DNA and exhibits were handled,” she said.

Mr Shumba then objected saying: “The accused has a right to a fair trial. The State knew from the beginning who was to testify during trial.

“Accused has a right to craft his defence. This Tendai Muchero did not give a statement. The State cannot do investigative prosecution.”

Mrs Takundwa ruled in the businessman favour and turned down the State’s application to have Muchero testify.

The businessman’s wife last week told the court how she traced and picked out tissues used by the businessman after allegedly raping his daughter in Harare.

“I used a plastic paper to pick the tissues that were used and I took them to the police,” she said. “The police placed them in an envelope and I do not know what happened to them.”

The wife said she wanted justice to prevail and to prove that her husband had raped their daughter.

“I never fabricated the story about this offence,” she said. “I am the one who paid for the DNA because police indicated that machines at Parirenyatwa Group of Hospitals were down.

“The police even said their equipment was down and suggested that we approach other institutions for DNA tests.”