Rapist ex-prison warder denied Bail

Philemon Jambaya

Zim Now Editor

Misheck Musarurwa, a former prison warder convicted of the horrific rape of three minor girls and sentenced to 45 years in jail (10 years suspended), has been denied bail pending his appeal by the High Court of Zimbabwe. Justice Neville Wamambo dismissed Musarurwa's application, citing a lack of prospects for success in his appeal and a high likelihood of him absconding.

Musarurwa, along with co-accused Kundai Zvenyika and Tinashe Bonda, was found guilty in the Regional Court on three counts of rape involving girls aged four, eight, and eleven. The court heard harrowing testimony detailing how, between 2022 and 2024, the trio took turns raping the related children on multiple occasions while Musarurwa was a tenant at the victims’ grandmother’s residence.

In his bid for bail, Musarurwa, through his lawyer P. Kawonde, challenged his conviction, arguing that the trial court erred in its interpretation of the Criminal Procedure and Evidence Act, specifically regarding the alleged vagueness of the charge's timeframe. He also contested the reliability of the state's evidence, the court's assessment of witness testimonies, and claimed the sentence was excessive.

However, the state countered that some of the grounds for appeal were vague and unsubstantiated. Justice Wamambo concurred, noting that one of the grounds lacked clarity regarding which state witnesses were being challenged.

Addressing Musarurwa's challenge to the charge's timeframe, Justice Wamambo ruled that given the prolonged period over which the offenses were committed, the charge was appropriately worded. He further stated that the trial court had judiciously considered the evidence, including the victims’ clear identification of Musarurwa and the supporting medical evidence.

On the matter of sentencing, Justice Wamambo found that the 45-year prison term, with 10 years suspended, was within established legal precedents for such severe crimes against vulnerable minors.

A critical factor in the court's decision was the high likelihood of Musarurwa absconding. Justice Wamambo emphasized that the lengthy prison sentence and the gravity of the offenses provided little incentive for Musarurwa to return and face a potential confirmation of the sentence on appeal.

"Likelihood of abscondment is heightened by the lengthy prison terms. There might be no motivation to turn up for a lengthy term of imprisonment to be potentially confirmed on appeal," Justice Wamambo stated.

Consequently, the application for bail was dismissed. Kawonde Legal Services represented Musarurwa, while the National Prosecuting Authority represented the state.