‘Un­re­pen­tant sex­ual per­vert’ ap­peal dis­missed

Chronicle (Zimbabwe) - - National News - Mashudu Net­sianda

THE High Court has dis­missed an ap­peal against con­vic­tion and sen­tence by a Bu­l­awayo man serv­ing a 12-year jail term for tor­tur­ing an 18-year-old church mate and rap­ing her be­fore tak­ing pic­tures of her pri­vate parts.

Ngqabutho Ma­suku (31) of Mzi­likazi sub­urb tor­tured and raped the girl af­ter de­tain­ing her for two hours in his bed­room.

The rapist and his vic­tim were both mem­bers of the Sev­enth Day Ad­ven­tist Church.

They were ex-lovers and the woman had ear­lier ter­mi­nated the affair af­ter dis­cov­er­ing pic­tures of a nude woman in Ma­suku’s phone.

Ma­suku was last year con­victed of rape and sen­tenced to 16 years in jail of which four years were con­di­tion­ally sus­pended for five years.

Through his lawyer, Mr Prince But­she- Dube of Mathonsi Ncube Law Cham­bers, Ma­suku filed an ap­pli­ca­tion at the Bu­l­awayo High Court chal­leng­ing his con­vic­tion and sen­tence cit­ing the state as the re­spon­dent.

He said there was mis­di­rec­tion on the part of the lower court, ar­gu­ing that he had con­sen­sual sex with his church mate who was also his ex-girl­friend.

Ma­suku, in his grounds of ap­peal, claimed that he was se­duced by his ex-girl­friend be­fore she lured him to his bed­room where they had sex.

In his rul­ing, Jus­tice Ni­cholas Mathonsi said the lower court metic­u­lously dealt with the ev­i­dence and cor­rectly ac­cepted the state case.

e judge de­scribed Ma­suku as an un­re­pen­tant sex­ual per­vert and treach­er­ous sadist who took ad­van­tage of a de­fence­less and vul­ner­a­ble vic­tim.

“You are an un­re­pen­tant ap­pel­lant who, as late as then, still did not see any­thing wrong with bat­ter­ing a girl and hav­ing sex with her at the same time. It was typ­i­cal of be­hav­iour of a sex­ual per­vert, a treach­er­ous sadist who de­rived plea­sure in tor­tur­ing a young girl for warped sex­ual ful­fil­ment, or forc­ing her to have feel­ings for him,” said Jus­tice Mathonsi.

“You abused a de­fence­less and vul­ner­a­ble girl sim­ply be­cause you could not ac­cept re­jec­tion, tak­ing ad­van­tage of your re­li­gious as­so­ci­a­tion with her to turn her into a sex slave in the most un­godly man­ner”.

He dis­missed Ma­suku’s ap­peal, say­ing it was base­less and lacked merit.

“There was no mis­di­rec­tion what­so­ever and this ap­peal is spec­tac­u­lar for its lack of merit. It is ac­cord­ingly dis­missed,” ruled Jus­tice Mathonsi.

On June 15, 2013, Ma­suku and the com­plainant, along with other Sev­enth Day Ad­ven­tist Church mem­bers, went for a church cru­sade at Mawabeni in Esigo­dini and re­turned late at night.

The court heard that the com­muter om­nibus they were trav­el­ling in ran out of fuel on ar­rival in Bu­l­awayo and the driver was un­able to de­liver the pas­sen­gers to their homes.

The com­plainant and her sis­ter sug­gested that they would walk home but other church mates dis­cour­aged them since it was late.

Ma­suku then of­fered to ac­com­mo­date the two girls at his house in Mzi­likazi sub­urb.

On ar­rival at his home, Ma­suku asked his ex-girl­friend to have a pri­vate con­ver­sa­tion with her and she agreed be­fore they went to his bed­room.

Ma­suku went down on his knees and pleaded with the com­plainant to for­give him, but the girl told him that she was no longer in­ter­ested.

He as­saulted the girl be­fore he forcibly kissed her. When the com­plainant tried to scream, he shoved a teddy bear into her mouth and in­creased the vol­ume of mu­sic which was play­ing on his lap­top.

Ma­suku re­moved the vic­tim’s clothes and raped her af­ter which he sar­cas­ti­cally asked the com­plainant whether she had en­joyed the sex.

He raped the com­plainant twice dur­ing which he tor­tured her and took pic­tures of her pri­vate parts.

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