The Sunday News
Patrick Chitumba, Midlands Bureau Chief
MOVED by the plight of a woman who gave birth in prison, a renowned Gweru lawyer gave the woman a Valentine’s Day present by making a bail application which was granted by the court while appearing pro- deo on her behalf.
On 14 February, the lawyer, Mr Esau Mandipa of Mutatu and Mandipa Legal Practice was at the Gweru magistrates court and so was Chipo Danhira (36) who was appearing for her routine remand before the Gweru Regional Magistrates Court.
The accused, Danhira, is being jointly charged with rape with her husband Edmore Mugwagwa (26) after allegedly assisting him to rape the complainant.
After her remand, Mr Mandipa saw Danhira who was in the yellow prison gab holding a tiny baby wrapped in a cloth coming out of the courtroom surrounded by the Zimbabwe Prison and Correctional Services officers.
In an interview, Mr Mandipa said he was moved by the state of the woman and that of the tiny baby she was holding and thought of assisting her so that the baby is taken home.
“I was moved by the fact that she woman had given birth while in remand prison and the fact that her daughter had started life in the prison with her mother,” he said.
Mr Mandipa said he then decided to assist Danhira with her bail application for no fee.
“I then decided to assist Danhira pro deo with a bail application. Since it was on Valentine’s day, I thought I could give her a valentine’s present in the form of a free bail application,” he said.
Mr Mandipa said after the bail application, Danhira was granted bail in the sum of $20 000.
“The bail application was successful and Danhira and the baby were released yesterday. I just could not do anything for the baby because I think as an infant, she needs a home environment to grow well instead of the remand prison with her mother,” he said.
Midlands provincial prosecutor Mr Samuel Pedzisayi confirmed that the bail application for Danhira was successful.
“The accused was represented by a pro-deo lawyer and there are conditions attached to the bail such as not to interfere with the State witnesses,” he said.
Allegations against Danhira are that she assisted her husband to rape the complainant, a female juvenile (12) – name withheld to protect her identity.
It is the State case that sometime in December last year, Danhira allegedly called the complainant to come to her house in Shurugwi. Danhira and the complainant stay in the same neighbourhood.
When the complainant allegedly arrived at Danhira’s house, she was asked to enter the house. Upon entering the house, the complainant allegedly saw Danhira’s husband who was seated on a sofa.
The court heard that the complainant sat on another sofa. Danhira allegedly took a bucket of water from the house and went outside before locking the door from the outside for an unknown motive.
Her husband allegedly went and sat on the sofa where the complainant was sitting. Mugwagwa allegedly asked for sexual intercourse with the complainant to which he was denied.
Okapi knife
The court heard that Mugwagwa allegedly produced an okapi knife and threatened to stab the complainant if she refused his sexual intercourse request.
Mugwagwa went on to allegedly forcibly remove the complainant’s skirt and pants and also unzipped his trousers. Thereafter, Mugwagwa allegedly had sex with the complainant once without her consent.
After the alleged rape, Mugwagwa threatened to kill the complainant if she revealed her ordeal to anyone.
Danhira, who was allegedly standing outside the house, then opened the door and allowed the complainant to go back to her house.
Photo Credit: iStockphoto
The complainant went and told her relatives about the alleged rape and the matter was reported to the police leading to the arrest of Danhira and Mugwagwa. By the time of their arrest, Danhira was eight months pregnant.
She was remanded in custody at the Shurugwi Magistrates Court on December 21 and subsequently gave birth to a bouncing baby girl whilst in Shurugwi Remand Prison in mid-January.
Danhira and Mugwagwa will be back in court on March 8 for trial. Mugwagwa is at Whawha Medium Prison.
