MIDLANDS regional magistrate Amos Mubhobho on Tuesday issued a warrant of arrest against a rape victim and her husband after they failed to turn up to give evidence at a Gokwe court.
Report by Blessed Mhlanga.
The victim and her husband, a police officer, now face contempt of court charges for failing to obey a lawful court subpoena.
The two were supposed to give evidence in court against Constable Robert Dzonge who is accused of raping the woman in a bushy area in Redcliff in the morning of April 1.
It was the State’s case that Dzonge waylaid his victim, who was on her way to Rutendo suburb using a path through a bushy area and forcibly had sex with her.
The victim did not proceed to Rutendo suburb, but instead went back home to her husband.
“Upon arrival at home complainant was asked by husband as to what had happened to her since an unknown caller had already informed him that the accused had dragged her into a bush,” the State’s case reads.
Dzonge had denied the charge through his lawyer Caroline Mugabe, saying instead he had a relationship with the victim and the two were just unfortunate to get caught.
In his defence, outline Dzonge alleges that when he was caught the victim and her husband tried to extort money and a vehicle from him, but when they failed the two then filed a case of rape.
The magistrate lashed out at the victim and her husband for willfully disobeying a lawful court summon even after being served personally.
He dismissed the case before plea, saying the husband, being a police officer, knew the importance of a subpoena.
State prosecutor Ronald Ndala told the court that he had made efforts to call the two, but they were not answering their phones.
Meanwhile, Dzonge, who was also brought before a police disciplinary committee over the same offence, was found guilty of bringing the name of the police into disrepute.
According to his lawyer, he was sentenced to 14 days in police confinement, but he has since appealed against both sentence and conviction.
“We have since filled an appeal against both sentence and conviction given the circumstances surrounding the case,” Mugabe said.