Zvikomborero Parafini
THE State yesterday closed its case against music promoter, ‘Charles Torro’ Guvamatanga, who is facing rape charges.
Prosecutor Lancelot Mutsokoti led evidence from the final witness, nurse Mabel Mukabeta, who examined the complainant.
The State previously led evidence from the complainant and her sister, who was the first person to be told of the alleged rape.
Lawyers for Guvamatanga have placed notice that they intend to file an application for discharge at the close of the State’s case.
Mukabeta told the court that she has been attached to the Adult Rape Clinic for the past 10 years and examined the complainant on April 3.
She told the court that she observed tears at the bottom part of the girl’s private parts and that she wasn’t wearing any undergarment, saying she had left it at the police station.
In cross examination, Guvamatanga’s lawyer, Oliver Marwa, questioned Mukabeta if she was qualified to testify as an expert witness.
“Do you have any specific training as a nurse in the rape clinic and what’s the name of that part you referred to as the bottom of the v*****,” asked Marwa.
In response she told the court that it was called the perineum.
“The court cannot rely on your evidence because you’re not a proper expert.
“You don’t have confidence with what you’re saying. What would be your comment?” he further quizzed her.
Mukabeta was further asked to explain what she meant in her evidence-in-chief when she said the complainant was in a disturbed mental state.
“You have commented on what was your client’s mental state and you said she looked disturbed, are you telling the court that you observed that she was mentally unstable when she presented to you?” asked Marwa.
He further asked if the nurse was qualified to make mental assessments.
“She was traumatised, so she was stressed and I’m not properly qualified to make mental assessments. I just know the general things,” said Mukabeta in response.
She was also asked to comment on the issue of the underwear because the complainant, in her testimony, told the court that she removed it at the clinic and gave it to Mukabeta, yet she told the court that she never saw it.
“I never saw the underwear in question because the complainant told me that she had left it at the police station.
“She wasn’t wearing one and I don’t know what she meant when she said she gave it to me,” said Mukabeta.