By Mary Taruvinga
JAILED former Zanu PF legislator Munyaradzi Kereke has approached the High Court seeking to take his appeal against conviction and sentence to the Supreme Court for the second time.
The former Central Bank governor’s adviser maintains he is innocent and that the magistrate who convicted him, Noel Mupeiwa erred in finding out he was guilty.
Kereke was jailed for 10 years back in 2016 for raping his 11-year-old niece at his Vainona home.
Now he is seeking leave to appeal at the Supreme Court and an order condoning the late filing of the present application.
“The applicant filed a defective application for leave to appeal the dismissal of his appeal against conviction and sentence by the High Court under judgement number HH374/19 handed down in May 2019,” he said.
The application was struck off the roll by the high court on March 5, 2020.
“Applicant persists that his intended appeal carries with it positive prospects of success on the questions of mixed fact and law and also on the questions of law proposed therein.
“I also seek an order condoning my failure to file a proper application for leave to appeal in the form and manner prescribed by the rules of this court,” he said in his latest urgent chamber application.
Mupeiwa handed down his judgement against Kereke on July 11 2016.
But Kereke maintains that in convicting him of rape, the magistrate’s court erred and misdirected itself on the several grounds that he proposed in the notice of appeal he filed before the High Court.
“I reiterate that the factual conclusions reached by that court were a result of an erroneous process of reasoning resulting from misapplication of legal principles and mischaracterisation of the facts and evidence,” said Kereke.
“There are material inconsistencies on the explanation for the delay by the complainant in informing anyone, assuming that the rape occurred. Did the complainant delay because she feared for her safety or because she was embarrassed to share the experience or both.
“Without resolving this contradiction, it is hard to accept that the inferior court would find that the delay was sufficiently explained on the facts.”
The state proved that Kereke raped the minor at gunpoint and she did not tell anyone about it.
He said the fact that Mupeiwa accepted that he would rape someone while his wife was in the same house leaves a lot to be desired as it was impossible.
“The issue of the gun is also material. As it stands, the record is awash with so many inconsistencies that one is not aware whether the gun was produced pointed or was simply in existence. The whereabouts of the gun when the complainant allegedly pushed me away is also not explained,” he highlighted.
The case is yet to be heard.