HB 049-18 ASHTON MLILO versus THE STATE

ASHTON MLILO

versus

THE STATE

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 26 FEBRAURY 2018 AND 1 MARCH 2018

 

 

Bail Application

 

 

Ms B Dube for the applicant

Ms N Ngwenya for the respondent

 

 

MATHONSI J:          The 26 year old applicant of Montrose 3 Village in Esigodini is facing a rape charge as defined in s65 of the Criminal Law [Codification and Reform] Act [Chapter 9:23].  It is alleged that on 3 February 2018 at a bushy area in Mtshingwe Filabusi he met the 13 year old complainant who was in the company of her brother.  He threatened the two of them with a knife before dragging the complainant to the bush where he raped her once.

The accused was arrested five days later on 8 February 2018 after he had confronted the complainant’s parents at their home denying the charge and also attempting to confront the complainant at her school.  He says after those encounters he voluntarily handed himself over to the police at Filabusi.  He has now approached this court seeking his release on bail pending trial maintaining that he believes in his innocence as shown by the fact that after learning of the allegations of rape leveled against him at a church prayer meeting he took it upon himself to approach the complainant’s family to inquire about the allegations.  Finding no joy he had then informed his mother about the accusations before the two of them approached the police.  He is therefore not a flight risk.

The applicant states that he does not possess a passport, has no travel history and is an unsophisticated village young man who has spent all his life in Filabusi.  If his proximity to the complainant is any source of bother to the state, he offers to relocate to Bulawayo where he proposes to reside at No 47036/13 Mpopoma Township with his maternal relatives.

 

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