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Fidelis Munyoro
Chief Court Reporter
HIGH Court judge, Justice Webster Chinamora has ordered officials at the Harare Remand Prison to investigate allegations of sodomy after a teenager told the court of his harrowing tales of abuse at the hands of fellow prisoners.
The 17-year-old, first time offender, who is serving effective seven years for rape, made the complaint when he appeared at the High Court seeking bail pending appeal against both conviction and sentence.
On Wednesday, the boy took oath before Justice Chinamora and narrated his ordeal at the hands of the much older inmates who constantly accost him seeking sexual favours.
He told the judge that when he was placed at Chikurubi Maximum Prison following his sentencing, he met inmates who asked him to be intimate with him.
“Even if I reported to the prison officials, they would still come to me asking favours to explore my anal cavity,” said the youthful inmate.
The boy said he laid sexual assault charges against his assailants when he first appeared before Justice Tawanda Chitapi in November last year during his bail appeal hearing.
“I told him that I was not comfortable in this (Chikurubi) prison. I was then transferred from Chikurubi to Harare Central on 4 January this year.”
However, the transfer did not bring the much needed relief as he ran, yet again, into inmates who wanted to violate him.
“Now there is someone named “Heavy-Heavy” who is pestering me for sexual favours,” he said.
Although the teenage said he reported his case to the officer in charge, nothing has been done. He asked to be placed in a protective custody saying he was at constant risk of sexual assault.
This prompted Justice Chinamora to issue an order that the officer-in-charge at Harare Central Prison or his deputy appear in court to respond to the allegations of sodomy in prison.
On Thursday last week, Harare Central Prison officer-in-charge Chief Superintendent Cashwell Mandave confirmed to the judge that he received a complaint of sodomy from the teenage inmate.
He said they investigated the complaint but could not be substantiated, though the inmate accused of molesting the boy Aleck Mushowane, popularly known as Heavy-Heavy was questioned and warned against assaulting or attempting to assault the boy.
The judge also sought to find out whether the prisons had a report on the matter and whether the warning was in writing or verbal as well if they had the record of the complaint.
In his response, Supt Mandave said nothing was recorded.
To this end, Justice Chinamora said the fact that the prison authorities had nothing to show for any investigations that they carried out on the complaint confirmed the boy’s version that they did not act on the complaint.
Supt Mandave conceded that they failed to act on the matter, saying in future they will take heed of the judge’s recommendations to put everything in writing, even in situations where they could not find anyone at fault.
He also accepted that the prisons failed to endorse the Mushowane’s warrant with details that he had been warned against sodomy or attempting to molest other prisoners.
Supt Mandave, however, suggested that the boy be transferred to Hwahwa Youthful Offenders Prisons, which he felt was a better placed to take care of welfare of youthful prisoners.
But the boy refused saying cases of sodomy are rampant in all the prisons countrywide and want to be closer home in the capital to his family.
“They (prison officials) should protect me,” charged the boy when asked to respond to what Supt Mandave had told the court.
“It’s your responsibility. Take steps to protect young offenders against such acts.”
Supt Mandave said he would ensure that all prisoners had access to Prisons Rehabilitation Officer, Prisons Chaplin and Officers-in-Charge of their cells and ultimately himself.
The inmate is seeking bail pending appeal against both conviction and sentence and Justice Chinamora adjourned the hearing to next week to deal with the application.
Online Reporter