Freedom not automatic for rape convict whose victi...

Freedom not automatic for rape convict whose victim now claims her testimony was false

If proven innocent, Simbarashe Chadiwa has been living every man’s nightmare: being incarcerated for a rape that never was. His alleged rape victim is now saying she was coerced as a 10-year old minor to testify against him.

“A lot of misfortunes are also happening at our home which make me suspect it has to do with the grief on the part of Simbarashe, hence my decision to come clean.

“That man never raped me, but I was under so much pressure that I ended up wrongly implicating him. That action has been haunting me daily such that I can no longer live with the fact that there is someone out there who is suffering for a crime that he never committed in the first place.

So Simbarashe Chadiwa has unknown powers to thank for his chance at freedom after serving eight out of 18 years.

Ngozi/Ingozi, avenging spirits are an integral part of the Zimbabwean traditional belief system. Believed to be spirits of the wronged who come back to exact revenge on those who wronged them or family members, they are usually dead people come back to life.

The pain of exoneration

A brother to the serving inmate, Tapiwa Chadiwa, told Zim Now that Simbarashe broke down when told that there was light at the end of the tunnel.

“He could not hold a discussion with us, he was simply drowned in tears. The fact that it has taken this long to finally have justice prevail was overwhelming for him.”

The all too brief regulatory prison visit ended before the family could plan what to do in order to get Simbarashe released.

“We were all so emotional we could not go much into a decent talk to chart the way forward.”

Chadiwa’s freedom not assured

The Prosecutor-General’s Office confirmed having been furnished with the details of Chadiwa’s case but will only be able to make a decision after due process.

“It’s both unusual and unfortunate, but once we have the papers with us, it is to the interest of both parties that we have a look at the matter to come to a decision,” said a senior staffer at the PG’s office.

Chadiwa’s family must prepare an affidavit and submit it to the nearest police station to initiate the review and probable release.

“I am happy the PG’s office has been accommodative and given us the way to move forward,” said Tapiwa.

A lawyer who declined to be named said that the girl’s testimony on its own might not be enough to reverse judgement as so much time.

“The other evidence against the accused would have to be reviewed. Also the girl’s mental state may have to be considered, especially if she is talking of unseen spirits being her reason for saying the convicted man did not commit the crime.”

Legal expert Phillip Hamunakwadi confirmed that position saying that although the girl was now voluntarily fighting for exoneration of the convicted man, there would also be need to re-look at the evidence that was submitted before passing of the sentence.

The case as alleged

According to reports, Simbarashe and his friend visited the girl’s homestead where the latter intended to see the family maid who was his lover.

The girl’s mother was away in Botswana. When the mother returned, she queried why her daughter seemed to be having a limp in her walk, and pressurized her to confess that her virginity had been tempered with. The girl gave in, leading to Chadiwa’s false implication and subsequent arrest and trial.

The “victim’s” mother died recently and it seems that was the trigger that set the young woman on her redemption mission.

Who will pay for Chadiwa’s lost years?

Phillip Hamunakwadi said there was probability the victim would demand compensation, but everything depended on the outcome of the case once it was brought to court for review.

Another lawyer said it could be difficult to make the complainant -who was a minor at the time, responsible for Chadiwa’s compensation. He said if the mother was alive, she could have been charged with several offences leading to the wrongful incarceration of Chadiwa.