The Sunday News
Thulani Ndlovu Court Correspondent
A 77-YEAR-OLD businessman from Maphisa Growth Point in Kezi has appeared before a Gwanda regional magistrate for allegedly raping and infecting his 16-year-old granddaughter with HIV.The man appeared before Mr Joseph Mabeza last week where he pleaded not guilty to all the charges.
According to the State on or about 28 August 2011, the girl’s aunt left her in the custody of her grandfather and on the same day, the accused requested the girl to sweep his bedroom.
While she was sweeping, he pushed her onto the bed and raped her once.
“After having sexual intercourse with the complainant, the accused threatened to assault her if she reported the matter to anyone,” the State outline reads in part.
The girl reported the matter to the police last year in November, two years after the incident and a medical examination was carried out confirming that the complaint has been involved in sexual activity.
According to the same medical report, there was no injury to the minor but “definite penetration.”
According to the girl’s statement, her grandfather had sexual intercourse with her “without my consent and without protection”. She added that her grandmother told her not to report the matter to the police since her grandfather was the breadwinner of the family.
According to the second State witness, who is the girl’s mother, sometime in September 2013 she escorted her daughter to Mpilo Central Hospital for medication after a long illness. The girl was tested and it was discovered that she was HIV positive.
“I asked the complainant how she was infected but she refused to tell me anything. However, sometime in October 2013 she told me that she was raped by her father three times on different occasions at Maphisa after her aunt left her in the custody of the accused while going to South Africa,” she said in her statement.
However, the accused through his legal practictioner, Mr Dumisani Dube of Cheda and Partners, denied having sexual intercourse with his granddaughter or infecting her with HIV.
“Our client, who is aged, has complied with numerous requests for HIV blood tests done at United Bulawayo Hospitals and two other tests at Mpilo Central Hospital which tests have all come out negative.
“Be advised that the constitutional presumption of innocence in particular Section 70 (1) (a) still works in his favour and we strongly condemn the violation of his human dignity and degrading treatment which he is being subjected.
“We advise that forthwith we are not going to comply with your illegal and immoral request for blood tests . . . further note that we will not hesitate to sue the State or any of its functionaries in either official or personal capacity for malicious prosecution or any edictal remedies if need be,” said Mr Dube.
According to a laboratory request form from United Bulawayo Hospitals which is part of the court record, the man carried out an HIV test early this year and the results came out negative.
The trial continues on a later date.
