JUST IN: Mother assists boyfriend to rape daughter File pic

Mashudu Netsianda, Senior Court Reporter

A 48-YEAR-OLD woman from Fox Farm in Matobo district allegedly forced her 13-year-old daughter to sleep with her 36-year-old live-in boyfriend to save her relationship with the man from collapsing resulting in the girl falling pregnant.

The pair tried to conceal the offence by threatening to kill the girl if she reported the matter to anyone.

The victim has since given birth to a child who is now five years old.

This emerged when the woman, Christabel Tshuma approached the High Court seeking bail pending trial.

Tshuma allegedly connived with her boyfriend Twoboy Ncube so that he could sleep with her daughter. This was after Ncube had threatened to ditch Tshuma because of her age.

Tshuma then offered Ncube her daughter as a “second wife” as a condition for her boyfriend not to end the affair.

Tshuma through her lawyer Mr Bruce Masamvu of Mutatu, Masamvu and Da Silva-Gustavo Law Chambers, filed the application at the Bulawayo High Court citing the State as a respondent.

Bulawayo High Court judge Justice Thompson Mabhikwa granted Tshuma after the State did not oppose her bail application.

She was released on $2 000 bail and ordered to continue residing at her given address and not interfere with State witnesses until the matter is finalised as part of the bail conditions.

In her bail statement, Tshuma is denying the charge, arguing that she did not participate in the crime.

She said Ncube implicated her as a way of trying to fix her after she reported him to the police for raping her daughter.

Tshuma argued that there were no compelling reasons warranting her continued detention.

She further contended that she was of fixed abode and would not contemplate absconding trial if released on bail.

“The State has no prima facie case against the applicant and therefore she is not a flight risk and therefore is prepared to stand trial,” said Mr Masamvu.

For the State, Mr Bruce Maphosa said releasing Tshuma would not jeopardise the interests of justice.

“The State has no compelling reasons justifying the continued incarceration of the applicant. Furthermore, the court should grant bail where possible and lean in favour of the liberty of the applicant provided the inter the justice will not be jeopardised,” he said.

“In light of the submissions made, respondent prays that the application for bail be granted.”

According to court papers, it was stated that sometime in June 2014, the complainant was staying with Tshuma and Ncube at Fox Farm Tshuma.

Ncube and Tshuma have a child together.

Ncube is said to have told Tshuma that he was no longer interested in continuing with their affair because she was older than him.

Tshuma then pleaded with Ncube not to ditch her and she allegedly offered to give him her daughter as a “second wife” and he agreed.

A few days later Tshuma and Ncube arranged that the latter should sleep with the complainant.

Tshuma then ordered her daughter to prepare her bed in the kitchen hut and instructed her to sleep with Ncube under the same blanket. Out of fear, the girl complied.

During the night, Ncube allegedly raped the girl and he continued do so for several more days until she fell pregnant.

A report was made to the police leading to the arrest Tshuma and Ncube.

@mashnets

 

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