The High Court has rejected an appeal bid by a ZCC bishop jailed over the death of a congregant during an exorcism, ruling that his claim that the fatal assault formed part of a religious healing ritual could not override medical evidence showing the woman died from injuries inflicted during the beating.
Justice Ngoni Nduna sitting at the Bulawayo High Court dismissed an application by Chrispen Gomore, bishop of the Damasko Zion Christian Church, for leave to appeal against both his conviction for culpable homicide and his 10-year prison sentence.
Gomore had argued that the High Court erred in convicting him because there was no competent evidence to support the verdict and that the sentence was so severe that it “induces a sense of shock.”
The judge rejected both arguments.
“In the present matter, the Applicant does not deny assaulting the deceased. Rather, he contends that the assault formed part of a religious treatment or healing ritual,” Justice Nduna said.
“However, the Post Mortem Report… concludes that the cause of death was encephalic contusion, cranial trauma, and assault. The medical evidence unequivocally establishes that the assault was the direct cause of the deceased’s death.”
The judge ruled that the bishop’s religious explanation did not undermine the prosecution’s case.
“The applicant’s explanation as to the purpose of the assault does not displace the objective medical findings or undermine the conclusion reached by this court,” he said.
“In the circumstances, the contention that another court may arrive at a different conclusion is not founded on any sound factual or legal basis.”
Nduna concluded that there were “no reasonable prospects that an appellate court would interfere with the conviction” and refused leave to appeal.
The court also upheld Gomore’s 10-year prison sentence, saying it fell well within the penalties provided for culpable homicide under Zimbabwean law.
“The court took into account that life was lost and a message had to be sent out that culpable homicide is a very serious offence,” the judge said.
The ruling stems from the death of a female congregant at a church shrine in Beitbridge in March 2023.
During the trial, the High Court heard that the woman and her husband had travelled to the shrine seeking prayers before they were shackled to a tree after church members claimed they were mentally disturbed.
The following day they were taken to the Limpopo River for baptism and what church members described as the casting out of demons before being returned to the shrine.
Evidence showed that Gomore then entered a room carrying a leather whip and repeatedly assaulted the couple for hours. The woman later died, while her husband survived.
A post-mortem found that she died from encephalic contusion, cranial trauma and assault.
Although prosecutors had initially charged Gomore with murder, Justice Nduna convicted him of culpable homicide after finding that the State had failed to prove he intended to kill the woman but had established that his prolonged assault negligently caused her death.
In sentencing last month, the judge condemned the abuse of religious authority, saying Gomore had “grossly abused” the trust placed in him by congregants and warning that “religious standing or spiritual authority can never serve as a shield for criminal conduct.”
The latest ruling means Gomore will continue serving his 10-year prison sentence after the High Court found no basis for another court to overturn either his conviction or punishment.
