Story by Peter Chivhima
JAILED apostolic sect leader Ishmael Chokurongerwa has been granted bail pending appeal by the High Court.
Chokurongerwa, popularly known as Madzibaba Ishmael, had been serving a 20-year sentence for rape before the court allowed his release on bail while his appeal is being determined.
The ruling was handed down by High Court judge Neville Wamambo, who noted that the appeal raises arguable points that could potentially overturn the conviction or interfere with the sentence.
Justice Wamambo ruled that several issues raised in the appeal, including the handling of DNA evidence, the absence of a rape complaint and questions surrounding the complainant’s age, give Chokurongerwa reasonable prospects of success.
Chokurongerwa had initially been charged with three counts of rape, but was acquitted on two counts and convicted on one before being sentenced to 20 years in prison.
In his appeal, he argued that the court relied on DNA evidence whose chain of custody was not properly established and that the conviction was made without direct evidence from the complainant.
He also challenged the court’s findings regarding the complainant’s age, arguing that a birth certificate was dismissed in favour of age estimation.
The State opposed the application for bail, maintaining that all witnesses who handled the DNA samples testified and confirmed that the samples were safely delivered and properly handled.
Prosecutors also argued that evidence regarding religious indoctrination had been presented by a witness whom the trial court found credible.
However, in granting bail, Justice Wamambo observed that the trial record did not contain direct evidence of non-consensual sex, noting that some of the circumstances relied upon by the lower court were largely implied rather than directly testified to.
He also remarked that the 20-year sentence appeared lengthy, particularly as no portion of the sentence had been suspended.
As part of the bail conditions, Chokurongerwa has been ordered to report three times a week to the CID Law and Order Section in Harare while awaiting the outcome of his appeal.
