Mashudu Netsianda, Senior Court Reporter
A GOKWE-based Central Intelligence Officer (CIO) lured a 20-year-old woman into his bedroom where he tried to rape her before the victim bit his penis and escaped.
This emerged when Lloyd Herbert Nyamuchiwa approached the High Court challenging his conviction and sentence imposed by a lower court.
Nyamuchiwa attempted to rape the woman who had approached him seeking assistance to secure a place to train as a teacher as Mkoba Teacher’s College in Gweru.
Nyamuchiwa was last year convicted of attempted rape by a Gokwe magistrate who sentenced him to four years in jail of which one year was suspended for five years on condition of good behaviour.
Bulawayo Justice Nicholas Mathonsi dismissed Nyamuchiwa’s appeal, saying it lacked merit.
The judge said the complainant’s evidence was consistent and demonstrated the absence of consent.
Justice Mathonsi said Nyamuchiwa abused his position as an officer in the President’s Office to victimise a desperate school leaver.
“This is a person who abused his position as an officer in the President’s Office and a member of Zanu-PF to victimise a simple rural school leaver desperate for a placement at a college. She was unsuspecting and genuinely believed that she could be assisted,” said the judge.
“Even the complainant’s mother entrusted the appellant who turned out to be a wolf in sheep’s clothing. For betraying that trust the appellant deserved what was coming to him and there is absolutely nothing wrong with the sentence. In the result, the appeal is hereby dismissed in its entirety,” ruled Justice Mathonsi.
Nyamuchiwa, through his lawyers H. Tafa and Associates, said the evidence by State witnesses was not credible and full of inconsistencies.
In his grounds of appeal, Nyamuchiwa argued that the complainant seduced him because she was desperate to enrol at Mkoba Teacher’s College.
“Although I was meeting the complainant for the first time, she is the one who seduced me by sitting on my bed, removing her jacket and pushing her dress up seductively. Having been encouraged by the complainant’s actions, I requested to have sex with her and she agreed. Having helped her take off her clothes I asked her to perform oral sex on me and she complied,” said Nyamuchiwa.
Nyamuchiwa said after oral sex, the complainant’s phone rang and she spoke to her mother after which she announced that she had to leave.
The facts of the matter are that on July 12 last year, the complainant’s mother referred her daughter to the Zanu-PF district offices in Gokwe where she was to submit her application forms for enrolment at Mkoba Teacher’s College.
The complainant was given Nyamuchiwa’s phone number so that she could contact him. Upon arrival, the complainant found the office closed and she immediately phoned her mother who in turn contacted Nyamuchiwa to assist her daughter.
The complainant phoned Nyamuchiwa who offered to process her application. The court heard that Nyamuchiwa then lured the woman to his house. On arrival Nyamuchiwa immediately locked the door and attempted to have sex with the complainant.
Nyamuchiwa undressed complainant and threw her onto the bed before putting a condom while pinning her down.
The complainant wrestled with Nyamuchiwa during which she managed to bite his private parts resulting in the appellant releasing her.
The woman managed to escape and she contacted her mother about what transpired. A report was made to the police leading to Nyamuchiwa’s arrest.—@mashnets