Prosecutor General Johannes Tomana has said his office will not certify the prosecution of Bikita West legislator Dr Munyaradzi Kerere because there is no evidence that he raped an 11-year-old girl as alleged and that the girl is refusing to co-operate.Mr Tomana said in an interview on the sidelines of a Ministry of Justice, Legal and Parliamentary Affairs workshop in Gweru yesterday that the docket opened against Dr Kereke was lacking relevant evidence.
“I can’t be dragging my feet for nothing,” said Mr Tomana. “You are assuming that I have a case that is prosecutable, but I do not want to prosecute.
“I declined (to prosecute Dr Kerere) because I do not have enough evidence upon which to take the case to court. Remember, the only basis upon which we take cases to court is where we certify that the docket speaks to an offence and it contains the relevant evidence.
“In that case, there is serious lack of supporting evidence for an important count that is in that docket. We have requested the co-operation of the complainant, but they have declined, so what do they want us to do?”
Mr Tomana’s comment came in the wake of the complainant’s guardian, Mr Francis Maramwidze, making a High Court application seeking the conviction of Mr Tomana on allegations that he is refusing to prosecute Dr Kereke.
Contacted for comment, Dr Kereke’s lawyers said all due processes were followed and no incrimination evidence was found against him.
“For a long time we have kept quiet on what is now an apparent attempt to needlessly damage our client’s name,” said the lawyers.
“It is important that we set the record straight that all due processes were followed and it has been demonstrated that this is a hopeless case of framing our client.
“We are happy that the police followed their due process and found no incriminating evidence against our client who in any event was proved to have been away on the alleged date and time of the silly story.”
The lawyers said it was important that the independence of the Prosecutor General’s Office be respected as provided for in the Constitution.
“Moreover, the Constitution is very clear on the need for absolute independence of the PG’s office and the police who in this case have done their work and concluded in the manner they did,” they said.
“It is important that the invisible hand of politics is not allowed to continue injuring our client who has done no wrong as confirmed by the State which has no case against him.”
Dr Kereke’s lawyers said they had minutes of a meeting at which the false allegations of rape against their client were plotted.
“Isn’t it a glaring case of abuse of executive authority that the former VP Dr Joice Mujuru summoned five chiefs from Bikita and Mr Maramwidze, who is alleged to be the guardian of the minor child in this case, in her office at Munhumutapa Building in the presence of Mr Webster Shamu and Mr SK Moyo in June 2013,” they said.
“She directed that Kereke be blocked from contesting in Bikita West as well as telling the chiefs that she was going to ensure that Kereke is arrested on a matter the police had done their work and found no fault on the part of our client.
“We have on file minutes of this meeting.”