FORMER nightclub manager Ronald Ngwenya’s application has hit a brick wall.
He wanted to tender a previous record, from his initial rape trial, in which the magistrate recused himself.
However, this was thrown out yesterday by presiding magistrate Fadzai Mthombeni.
“That record has been declared null and void by the High Court and it ceases to be a public record.
“It has been rendered not to be a record because it’s a new trial.
“Expressions, like fresh hearing, trial denovo, new trial are used interchangeably and the consequence of that is no trial has been heard at all.
“In trials denovo, the case must be proved anew than reproved denovo.”
She added:
“This, therefore, means the evidence and verdict given are completely inadmissible.
“They have been discarded and gotten rid of, and the court sitting will not be going through the previous case.
“It’s only where one, the witness is dead, cannot be found or has been incapable of giving evidence or that his evidence cannot be procured that such a record can be accepted.
“Given the above, the evidence is denovo, and cannot be admissible and the application is, therefore, dismissed.”
After her ruling, the State then cross examined Ngwenya.
Prosecutor Zvikomborero Mupasa started by asking how long he had stayed with the 13-year-old girl he was being accused of raping, and what their relationship was like prior to these allegations.
I had been living with the child for close to eight years and our relationship was quite good,” Ngwenya said.
He was further asked to elaborate on their relationship, six months prior to the allegations, and if they ever had a confrontation.
“It was good, we never had a confrontation but as a child there are times I would reprimand her.”
Mupasa said if their relationship was cordial, why would the child then fabricate something against him?
Ngwenya said he wouldn’t know.
He was further cross examined on his claims that he had a confrontation with the girl’s father over the phone, from which the allegations emanated.
“Yes, we had a confrontation over the phone while I was in Karoi.”
Mupasa quizzed him why he was convinced the allegations emanated from his argument with the child’s father as he had no proof that the child was even aware of their confrontation?
Ngwenya couldn’t respond.
He was asked about his reaction, upon hearing that his niece had been raped and that he was the main suspect.
“You were responsible for the child, but you went to your gym class after hearing that she had raised these allegations.
“I put it to you that you were not surprised by the allegations because you knew about them already,” said Mupasa.
Ngwenya said while he was shocked, he had left the issue in the hands of his wife, and other family members, because he didn’t want to be seen like he was interfering with the child, or the evidence, as he was being accused of raping the teenager.
Ngwenya will be back in court on Thursday next week when magistrate Mthombeni is expected to pass a verdict.
He is accused of raping his niece in December last year.
