FIRST CLASS ON SEXUAL ABUSE CHARGES
3 November 2016
FIRST Class Bus Company owner, Simbarashe Gibson, was yesterday back in court facing fresh allegations of sexually attacking a woman at gun point at his garage along Glen Eagles Road in Southerton, Harare.
Simbarashe, who was convicted and sentenced to 12 years in jail for raping an 11-year-old girl at the same garage sometime in 2011, is standing accused of forcing a woman to offer him oral sex until he ejaculated in her face at gun point.
The 61-year-old, who claimed to be partially blind, appeared at the Harare magistrates’ court facing aggravated indecent assault charges.
Simbarashe, who was being represented by lawyer Tawanda Tandi, was quick to challenge his placement on remand.
This was after prosecutor Michael Reza made an application for him to be placed on remand over the allegations.
Simbarashe, through his lawyer, claimed his arrest was not legal.
He also claimed that he was not warmed on the allegations he was to be placed on remand on saying the police flouted his Constitutional rights.
“The law says the arrest has to be legal and comply with Section 50 and 70 of the Constitution.
“Secondly, there should be reasonable suspicion that the accused committed the crime.
“Before you, Your Worship, is accused who is partially blind.
“Yesterday (Tuesday) afternoon accused was requested to reports at Southerton Police and he was accompanied by his son and his aide.
“We were advised by one Investigating Officer that there was a warrant of arrest on CRB R776/10 which was issued on July 12 2013.
“On that basis accused who was detained at Southerton Police station and this morning accused was brought to court on the understanding that we wanted to confirm the warrant of arrest on its validity.
“I showed the State, Reza, the bail papers on 1260/11 and said that accused was on bail pending appeal.
“The main contention here is that the State has flouted accused Constitutional rights.
“This is because there was no point when the accused was warned of the offence and or being informed of the reasons of his arrest which is breach of Section 50(a) of the Constitution.
“There was also no point at which the police officer notify the accused of the charges he is facing which is breach of Section 70(i)(b),” he said.
Lawyer Tandi also argued that there was no name of the complainant on the Request for Remand form.
He also claimed that the Request for Remand form had no sufficient information regarding the complainant.
“No name of the complainant and we do not know up to this stage.
“It does not provide sufficient information as to how did he took the complainant to his car, how he did it when he is partially blind.
“The police officer who prepared the request for remand form did not sign on it because she knows that what she was doing was not legal,” he said.
Prosecutor Reza told the court that the request for remand form had sufficient information that would warrant Simbarashe to be placed on remand.
He said that the nature of the offence and all the other details were clearly stated.
“Section B of the Request for Remand form does clearly say that on the 9th of October 2016 at No.62 Glen Eagles accused phoned the complainant.
“Date of when the offence was committed is there. The nature of the offence and all other details are stated.
“After he had been arrested, the police at Southerton Police realised that accused had an outstanding warrant of arrest against accused which was issued on July 12 2013.
“Accused is a convicted rapist. He was convicted on 14 November 2011 and was sentenced to 12 years in jail after raping a girl.
“He was sentenced to 12 years in jail and some years were suspended leaving him to serve seven years effective.
“He was granted bail pending appeal on 21 November 2011. He was never seen since.
“He just disappeared.
“He committed this offence while on bail pending appeal,” he said.
Prosecutor Reza also said the State was not aware that he was visually impaired.
Magistrate Vakayi Chikwekwe, in his ruling, said the State should furnish the court with sufficient information regarding the complainant in the matter.
“The State is ordered to furnish the court with particulars of the complainant like age, warned and cautioned of the accused by 10am tomorrow (today) morning,” said magistrate Chikwekwe before remanding Simbarashe in custody to today.