RAPE accused Windmill CEO George Rundongo who also allegedly impregnated his niece has demanded a DNA sample of the foetus that was disposed of when the victim went through legal abortion.
His trial failed to start Tuesday following his request when he appeared before Harare regional magistrate Hosea Mujaya.
Rundongo, 50, told court that it was impossible for him to craft his defence in the absence of the DNA sample and police diary logs.
The 15-year-old girl who is his brother’s daughter legally went through termination of the pregnancy after making the rape claim.
Rundongo’s lawyer, Godwin Nyengedza of Scanlen and Holderness applied for the matter to be postponed to April 30 on that basis.
“We apply that the case be postponed because the defence is not in a position to put together a defence outline since there are outstanding documents which the State has undertaken to furnish,” Nyengedza said.
“The DNA sample and its importance cannot be overstated considering that this was a termination carried out on an act of parliament.”
Prosecutor, Rudo Chasi, confirmed that the State had consented to the postponement and efforts would be made to meet Rundongo’s demands before commencement of trial.
Mujaya granted the postponement and advised Rundongo to sort out his legal representation issues after he indicated that he wants to be represented by Advocate Thabani Mpofu.
Rundongo is a Chartered Accountant and a member of the Institute of Chartered Accountants of Zimbabwe.
It is the state’s case that on December 30, Rundongo met the girl at Market Square in Harare and then took her to his office at Longchen Plaza Complex in Belvedere.
The court heard that whilst the complaint was in the office, Rundongo gave her $900 which he said was for her welfare and entered into another room from which he emerged with a mattress.
It was further alleged that the 15-year-old girl tried to wrestle Rundongo but was overpowered leading him to sleep with her without her consent and without protection.
The court heard that the girl only opened up about the ordeal to her science teacher after realizing she had missed her menstrual cycle for two consecutive months.
A police report was filed and when she was referred to Mtuko hospital she was examined and found to be pregnant.