THE rape trial of music promoter, Charles ‘Toro’ Guvamatanga, continued in Harare yesterday with the witness being cross examined by his lawyers.
Guvamatanga is being accused of raping his niece, who was 17, at the time.
Representing Guvamatanga, lawyer Dumisani Mthombeni quizzed the 18-year-old student, why she didn’t scream when the alleged rape occurred since her sisters were less than five metres away from the room where the incident allegedly took place.
“The time the rape incident occurred, I tried to scream but my voice couldn’t come out because I was in shock,” said the witness.
Mthombeni went on to question her about the differences in her statements to the police, to her sisters and to the nurse who attended her.
“What you told the police, the first person, medical examiner and the court is different, these rape allegations are fictitious,” said Mthombeni.
“You never mentioned that you were a virgin to the police, you never mentioned that you had blood soiled panties to your sisters, you’re now mentioning it as an afterthought.”
The witness insisted that she wasn’t lying.
The matter was temporarily halted after prosecutor Lancelot Mutsokoti opposed to have Guvamatanga‘s second lawyer, Oliver Marwa, cross examining the witness.
He argued that Mthombeni had already asked the important questions, an application which Mthombeni and Marwa opposed.
Presiding magistrate Stanford Mambanje is set to make a ruling today.
In his defence, Guvamatanga told the court that he never raped complainant in the manner alleged or at all.
He told the court that in fact, he was the actual victim because complainant committed an act of aggravated indecent assault upon him while he was in an involuntarily induced sleep.
He further stated that he, together with the girl and her sisters, embarked on a beer drinking binge at Evitro Bar in Belgravia.
Complainant was even captured on video in the club dancing and gyrating and having a good time and the clips were produced in court.
He said when they got home, he went to bed and was surprised to see his niece fondling him, while she was naked.
He said he asked her what she was doing and she told him that she wanted him to see that she was now a grown up woman.
The trial continues today.