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MP rape teen 'had sex more than once'


Bump ... MDC MP's teenage accuser (right) leaves court with her bump clearly visible

09/09/2009 00:00:00
by Stephen Chadenga in Gweru
 
Accused ... Blessing Chebundo
 
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MEDICAL tests carried on the pregnant 14-year-old girl alleged to have been raped by Kwekwe Urban MP Blessing Chebundo revealed that she had sex more than once, a medical doctor testified on Wednesday.

The Kwekwe General Hospital medical practitioner, who cannot be named for professional reasons, under cross examination from defence counsel Advocate Happias Zhou, told a Gweru court that results from the tests showed that the teenage girl had sexual encounters “on a number of occasions."

"I can confirm that the girl came in the company of a police officer for medical examination. The results showed a two, five, seven clock which is consistent with a person who has had sex on a number of occasions," the doctor testified before presiding magistrate William Bhila.

The medical practitioner also said there were no bruises since "they can only be detected immediately" after a rape incident, and the alleged January 5 attack on the teen was not reported to the police until May 13.

The doctor’s testimony was contrary to the testimony of the alleged victim who claimed to have been a virgin before being sexually molested by the MP near the Sebakwe River Bridge along the Harare-Kwekwe highway.

The former Form 2 pupil has dropped out of school due to a pregnancy which the prosecutors are pinning on Chebundo. She is expected to give birth sometime in October.

Advocate Zhou asked the doctor: "Is it possible to carry out paternity tests when the girl is still pregnant?"

The doctor replied that the process involves "extracting fluid from the womb and then carrying DNA tests" on it, but he had reservations if Zimbabwe had the capacity at the moment to carry out such tests "though they can be carried out elsewhere".

Also appearing as a witness was the chief investigating officer, Chief Police Inspector Paul Dheka, who left the court in stitches with his over confidence when he introduced himself as “a chief police officer with 29 years in the service and a little more than 200 days”.

Under cross examination by the lead prosecutor, Emmanuel Muchenga, Inspector Dheka told the court that on May 19, at around 11PM, he received instructions from his “superiors” to investigate a rape case in which the Movement for Democratic Change MP was the accused.



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In the company of two other detectives, Inspector Dheka said he proceeded to Harare at around 1PM on May 20 and located Chebundo at parliament building.

Inspector Dheka said Chebundo asked him who the complainant was, “and after I explained to him, he appeared very disturbed by the allegations."

The police officer said they drove from Harare with himself in a car in front and the MP driving behind in his vehicle with two other detectives.
When they reached Selous, the detective said he was "surprised" to discover that Chebundo’s vehicle was now being driven by one Inspector Matibenga and stopped to enquire.

"I was told the accused was now driving dangerously and at one point passed through a red robot (traffic light)," Inspector Dheka said.

Upon reaching Kwekwe Central Police Station, Inspector Dheka said Chebundo asked “if it was possible to withdraw the charges". “I told him it could only be done at the instigation of the complainant,” Inspector Dheka testified.

But Advocate Zhou told the court that Chebundo did not remember Inspector Dheka as one of the detectives who accompanied him from Harare. Chebundo, the lawyer said, had only seen two detectives including Inspector Matibenga.

Advocate Zhou also told the court that when Inspector Dheka visited the scene of the alleged crime on May 21, there were prior visits of which Inspector Dheka said he was not "aware of", adding: “I’m sure they were in line with investigations."

Advocate Zhou shot back: "As Chief Investigator in the case, you state you were not aware of prior visits to the scene by the police, visits made in the absence of the accused. By your admission, no reports were made to you about those visits. I put it to you that the visits were to stage-manage a crime.

"And also in this police diary presented before court, the girl was made to make several statements of which you have denied knowledge of. It looks like everything was happening without your knowledge.”

The trial has been adjourned to October 21 with the defence expected to call more witnesses. The prosecution will also hope to have paternity test results with the girl expected to give birth sometime in October.


 
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