A HARARE doctor who drugged and later raped a university student who had gone to his surgery for treatment of a stomach complaint has been has been sentenced to 15 years in jail.
Alfred Mamsa, 56, had denied the charge but was convicted by magistrate Adiona Masawi who however set aside four years of the sentence meaning he will serve an effective 11 years.
As the magistrate passed down his judgment Mamsa’s wife sobbed uncontrollably as she watched her husband in the dock. The doctor was visibly shocked at the verdict.
His lawyer, Advocate Moses Mthombeni however indicated he would appeal against both conviction and sentence.
Prosecutors said the 21-year-old student, who is studying for an economics degree at Africa University, made an appointment to see Mamsa in March this year after the doctor had been recommended by her UK-based dad.
Mamsa then fixed a 6:30PM appointment with her at his surgery along Fife Avenue. The doctor was alone when the woman arrived at the surgery since his receptionist had knocked off for the day, the court heard.
The woman told Mamsa that she was feeling stomach cramps and irregular menstrual periods. Mamsa started by proposing love to the student, who however, turned him down.
Mamsa, the court heard, later told the woman to lie on an examination bed and to remove her clothes in order for him to carry out a check-up. He then said he was going to inject her with a drug which would assist in reducing pain during the process, the court heard.
After injecting her with an unidentified drug, the woman felt dizzy and after some minutes she discovered that Mamsa was on top of her. Efforts to fight him were unsuccessful after being rendered powerless by the drug.
Mamsa proceeded to have sexual intercourse with her until she passed out, the court heard. She woke up an hour later, dizzy, naked and covered with a piece of cloth while Mamsa stood beside a table, the prosecutor said.
Mamsa, the court heard, started laughing at the student, telling her he had gotten what he wanted after the student asked what had happened to her. He took her home, apologising along the way, but did not state the reason why he was apologising, the court was told.
The woman reported the matter to the police the following day, leading to Mamsa’s arrest.
Magistrate Masawi said Mamsa’s defence had been full of many grey areas which had not to the satisfaction of the court.
He said it defied all logic that the doctor would perform an examination which involved invasive methods of the private parts without a female attendant presence.
“It does not make sense that you chose to go ahead with attending to the patient even though it was late and there was no one else at the surgery. That alone raises a lot of questions on your motives,” Masawi said.
The magistrate had the gallery in stitches when he said that the complainant could not have been so under the drug that she mistook the speculum (a medical tool used for investigating body cavities) for a sex organ.
Masawi also said that even though availing of the woman’s diagnosis card was key the Mamsa’s defence, he chose not to bring it to the court when it was requested during the trial.
“Accused did not show the police the alleged drug that he used and later claimed had side effects of causing hallucinations and all sorts of things,” the magistrate said.
“In conclusion the magistrate said the state had indeed proved beyond any reasonable doubt that an offence had been committed.”