Rape Accused Denzel Granted Bail Pending Appeal
The State failed to prove that the complainant was intoxicated on the night in question.
A 24-year-old Harare man who was last week sentenced to eight years in jail for rape today heaved a sigh of relief after he was granted bail pending appeal by a Harare magistrate.
Denzel Chikore was convicted by Harare Magistrate Mr Taurai Manuwere after a full trial.
The magistrate initially sentenced Chikore to 12 years in jail before suspending four on condition that he does not commit a similar offence in the next five years.
In his application for bail pending appeal defence counsel Mr Levious Mundieta successfully argued before Magistrate Mr Manuwere that the accused has high prospects of success on appeal to the high court, particularly in that the State failed to prove that the complainant was intoxicated on the night in question taking into consideration the undisputed facts she did not suffer any hangover and managed to conduct her master of ceremony duties the following morning without any problems.
Mr Mundieta said it was also argued on behalf of the accused that the alleged circumstances of the rape did not prove beyond any reasonable doubt that there was no consent on the part of the complainant especially considering that there was no sign of protest, and moreso that the complainant continued sleeping after the sexual intercourse.
The court agreed with Mr Mundieta and it confirmed that the accused has a reasonably arguable case on appeal and on that basis granted the application for bail pending appeal.
