HARARE – Convicted rapist and church leader Ishmael Chokurongerwa, popularly known as Madzibaba Ishmael, has been granted bail pending appeal after the High Court found several troubling issues in the prosecution’s case, including doubts about DNA evidence and the absence of a rape complaint from the alleged victim.
The cleric had been sentenced to 20 years in prison after being convicted on one count of rape. He had faced three charges but was acquitted on two.
In a ruling delivered in Harare on March 4, Justice Neville Wamambo said the appeal raises “prospects of success,” making it appropriate to grant bail while the conviction is challenged.
The judge highlighted several unusual aspects of the case, including the fact that the alleged victim, identified in court papers as P.T., did not accuse Madzibaba Ishmael of rape during testimony.
Court records show that the complainant’s mother produced a birth certificate indicating the girl was above the age of consent at the time of the alleged offence.
However, the trial court rejected the document and instead relied on a dental age assessment which estimated she was about 15 years old in April 2024.
Wamambo also pointed to problems with the handling of DNA evidence. Although there had been a High Court order specifying how samples were supposed to be collected and stored, the procedures were not strictly followed, raising questions about the chain of custody.
The ruling further criticised part of the trial court’s reasoning, noting that the magistrate relied on the fact that the complainant never said she consented to sex. The High Court said such reasoning could amount to a legal misdirection because it effectively shifts the burden of proof.
The judge also observed that the conviction appeared to rely heavily on circumstantial factors, including Chokurongerwa’s position within his religious sect and allegations of indoctrination raised by a former church member.
Given the issues raised, the court said the appeal could potentially succeed and also noted that the 20-year prison sentence appeared lengthy, especially since no part of it had been suspended.
Chokurongerwa was granted US$1,000 bail and ordered to remain at his Msasa Park home in Harare while reporting to police three times a week until the appeal is heard.
His appeal against the rape conviction is still pending before the High Court.
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