Finally, the trial of Madzbaba Ismail Chukurungirwa began in the capital yesterday, with the first complainant, who was 14 years old when she became pregnant and gave birth, denying having sex with the Apostolic sect leader.
She told the court that her child was fathered by a man named Tinashe.
She even challenged the DNA results, which say that Madzbaba Ismail is the father of her child, and said she could not understand how the results could indicate that way when she had only had sex with a man called Tinashe.
All the complainants were 14 years old at the time and were members of the Johan Masoi Ishishanu Georgina Beniranika sect. They all lived on Lily Farm in Nyabira.
The State alleges that between February last year and March 12 this year, Madzibaba Ismail used his leadership and influence on the first complainant and raped her.
As a result of having sex, the teenager gave birth to a baby girl on January 27 of this year.
The matter came to light in March this year after the atrocity became public knowledge, prompting a police investigation.
The victim in Mofakos was rescued at a safe house and, after being interviewed, was allegedly turned hostile due to church indoctrination that encourages married men to have sex with young girls.
Madzbaba Ishamel pleaded not guilty to the three rape charges before Judge Estiri Chivasa.
He is represented by Mosindo Hongwe.
Madzibaba Ismail told the court that none of the three complainants freely and voluntarily lodged any complaint of sexual assault against him.
He stated that none of the three charges were based on a valid criminal complaint, as provided by law, and no prosecution or legal conviction could arise from these charges.
“Assuming that any criminal complaint had been filed against him, (which was dismissed), said complaint was not served upon the first available person to whom the complainants were expected to have served it at the first available time,” his fence line reads. an opportunity.
“He will state that to his knowledge, none of the three alleged complainants implicated him in any way.
“In fact, in their statements to police, they actually identified other individuals, different from him, as the people with whom he had been sexually involved to his exclusion,” portions of the defense brief read.
He also accused the state of involving him in a witch hunt.
He said medical evidence of penetration was irrelevant because the complainants had named the people responsible for their pregnancy.
According to the state, the second complainant was raped from 2018 until the beginning of this year and gave birth to a male child in 2022.
The third complainant was allegedly raped between 2020 and early this year and gave birth to a child. DNA testing was conducted on all the children and Chukurungirwa at the National University of Science and Technology and the state claimed that the results indicated that he was indeed the child’s father.
DNA paternity test certificates are held as exhibits and will be produced during the trial. h metro
