Convicted rapist Simbarashe Gibson, who owns First Class Bus Company, yesterday appeared in court accused of forcing his female employee to suck his manhood at gunpoint. Gibson appeared before Harare magistrate Mr Vakayi Chikwekwe facing an aggravated indecent assault charge.
Gibson’s lawyer Mr Tawanda Tandi applied for refusal of remand on the basis that his client was not advised of the charge upon his arrest,
Accused who is partially blind was summoned to Southerton Police Station and he complied. We were advised that a warrant of arrest was issued against him on July 12, 2013 and today (yesterday) we came to court on the issue of the warrant. This offence was cooked by State while we were at court for the warrant of arrest. He was not informed of his charge and there is no warned and cautioned statement from him. This is similar to the case of State and Evan Mawarire, which this court strongly frowned upon. There is no signature from the police who prepared the request for remand or a stamp from Southerton officer-in-charge. There is no name of the complainant.
The prosecutor Mr Michael Reza, argued that on November 14, 2011 accused was sentenced to an effective seven years in prison for rape. Magistrate Chikwekwe adjourned the matter to today to allow State to provide the complainant’s name and accused’s warned and cautioned statement.