Police recorded Kereke's statement: Chihuri

HARARE - Police commissioner-general Augustine Chihuri is seemingly washing his hands off a case in which a 13-year-old girl who claims she was raped by Munyaradzi Kereke, former advisor to Reserve Bank governor Gideon Gono, is demanding justice.

In his opposing affidavit to a High Court challenge filed by the girl’s lawyer Charles Warara of Warara and Associates seeking a High Court order to bring Kereke before the courts ostensibly because police were not interested in prosecuting him, Chihuri claims a warned and cautioned statement was recorded from the accused.

“I further submit that it is denied that the suspect was not called to the police station, as a warned and cautioned statement was recorded from the suspect (Kereke) and is part of the docket,” the police chief submitted. Warara claims in his court papers that police referred him to the Attorney General Johannes Tomana, even before they had recorded a statement from Kereke.

 “It is denied that the letter of the applicant’s legal practitioners had any effect in the reference of the docket by the officer-in-charge Borrowdale (Police) to the 2nd respondent (Tomana)’s office,” Chihuri’s papers say. “It is common practice that all serious cases the police put forward the docket to the AG for directions before bringing the matter to court so that when the matter is brought before a court it is ready for trial.”

In a February 21, 2012 letter to Warara, the officer-in-charge of Borrowdale police wrote: “The matter was investigated and the matter is with the AG’s office.

This was prompted by your correspondence copied to the AG and the station hence they had to have sight of the docket.” The letter clearly states that the docket was forwarded to Tomana after receipt of Warara’s letter.

Tomana, who is also a respondent in the High Court case, said in his opposing affidavit there was insufficient evidence against Kereke. The girl’s lawyer claims she has a comprehensive medical evidence that the girl was sexually violated.

“The accused was facing one count of indecent assault as defined in Section 67 of the Criminal Law (Codification and reform) Act (Chapter 9:23) and one count of rape as defined in Section 65 of the same code. A 9-page warned and cautioned statement recorded from the accused person on the 10th of November 2010 was also part of the docket,” Tomana’s papers say.

“Upon perusal of the docket and assessing the evidence it was the 2nd respondent’s (AG) considered view that prosecution be declined for want of consistent, coherent and incriminating evidence. An entry to that effect was entered on the police running diary on the 22nd of September 2011.”

Warara is fighting to have Kereke brought before the court to stand trial on allegations of rape.   

An affidavit by the “raped” girl’s maternal grandfather claims senior police officials admitted that they are failing to arrest Kereke because he is “powerful and well connected.”

The girl, through her lawyer, petitioned police chief Chihuri protesting that two years after the rape, she had hoped for justice even while holding out the possibility that committing Kereke for trial was the only way to restore her honour.

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