Online Reporter
Danisa Masuku, Court writer
A 59-year-old medical doctor serving a 15-year jail term had his hopes of freedom dashed yesterday after the Supreme Court dismissed his appeal, ruling that there was overwhelming evidence he sexually violated a teenage girl.
Jabulani Dube appeared before the Bulawayo Supreme Court, where Justices Nicholas Mathonsi, Joseph Musakwa and Antonia Guvava heard his final appeal against the sentence imposed after he was convicted of raping a 13-year-old patient.
Last year, Dube’s appeal at the Bulawayo High Court was dismissed by Justices Munamato Mutevedzi and Naison Chivayo, who upheld the trial magistrate’s conviction and sentence.
Dube was represented by his lawyer, Mr Tanaka Muganyi of Tanaka Law Chambers. Mr Muganyi argued that the evidence of rape was not given voluntarily, claiming the victim was influenced by her aunt.
“Her aunt asked her whether the offender raped her or not, leading her to say she was raped. It was not voluntary,” he submitted. He further claimed the victim suffered seizures and that Dube applied jelly and inserted a spatula for medical examination.
“She was injured by a spatula as she behaved like a person possessed by demons,” argued Mr Muganyi.
However, the judges dismissed this defence, stating it was illogical to insert an object into private parts to treat seizures. They noted that the aunt heard the girl screaming, rushed to the doctor’s office and found the door locked.
“Within moments, the girl bolted out clutching her underwear and crying. Her aunt asked what had happened, but she kept weeping, prompting the direct question whether she had been raped. She was at the surgery and the aunt was compelled to ask, given the disturbing state of the victim,” the judges said.
The court highlighted that the victim was left with sores and semen, and a medical report confirmed penetration. The appeal was dismissed.
Representing the State, Caroline Mabhena said: “Dube was convicted of raping the teenager, who was suffering from seizures and had been brought to his surgery at Binga Centre in February last year.”
After examining the girl, Dube allegedly forced himself on her. She experienced severe pain and fled the consultation room screaming.
The complainant later confided in her aunt, saying she saw Dube zipping up his trousers after the act.
