High Court Grants US$1,000 Bail to Jailed Apostolic Leader Madzibaba Ishmael
The High Court has granted US$1,000 bail to jailed apostolic sect leader Ishmael Chokurongerwa, widely known among his followers as Madzibaba Ishmael.
Chokurongerwa had been serving a 20-year prison sentence after being convicted on one count of rape before successfully applying for bail while his appeal against the conviction and sentence is considered.
The ruling was delivered by High Court judge Neville Wamambo, who found that the appeal raised issues that could potentially affect the outcome of the case.
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Appeal Raises Key Legal Questions
In his decision, Justice Wamambo noted that several grounds put forward by the defence raised arguable points that could interfere with the conviction or the length of the sentence.
Among the issues highlighted were questions surrounding the handling of DNA evidence, the lack of a direct rape complaint, and uncertainty over the complainant’s age.
The judge indicated that these factors gave the appeal reasonable prospects of success, which justified releasing the applicant on bail while the matter proceeds through the appeals process.
Conviction Followed Partial Acquittal
Chokurongerwa had initially faced three rape charges. During the trial, however, the court acquitted him on two counts and found him guilty on one.
Following the conviction, he was sentenced to 20 years in prison.
In challenging the verdict, the apostolic leader argued that the trial court relied on DNA evidence whose chain of custody had not been properly established. He also contended that the conviction was reached despite the absence of direct testimony from the complainant regarding the alleged offence.
Dispute Over Evidence and Age Determination
The appeal also questioned how the court handled evidence relating to the complainant’s age.
According to the defence, a birth certificate presented during the proceedings was set aside in favour of age estimation, which they argued should not have taken precedence.
State prosecutors opposed the bail application, insisting that all individuals involved in collecting and handling the DNA samples had testified in court and confirmed that the evidence had been safely transported and properly managed.
The prosecution further argued that testimony regarding religious indoctrination had been presented by a witness whom the trial court considered credible.
Judge Questions Strength of Evidence
In granting bail, Justice Wamambo observed that the trial record did not contain direct testimony confirming that the sexual encounter was non-consensual.
The judge noted that some of the conclusions relied upon by the lower court appeared to have been inferred rather than supported by explicit evidence.
He also remarked that the 20-year prison sentence imposed on Chokurongerwa appeared severe, particularly because none of it had been suspended.
Strict Bail Conditions Imposed
As part of the bail terms, Chokurongerwa has been ordered to report three times each week to the CID Law and Order Section in Harare while awaiting the outcome of his appeal.
The appeal proceedings will determine whether the conviction and sentence will be upheld or set aside.
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