Zimbabwe’s High Court has granted bail to apostolic sect leader Ishmael Chokurongerwa pending appeal after he was sentenced to 20 years imprisonment on one r@pe conviction.
Justice Nevile Wamambo ruled in Harare that the appeal raises several legal questions, including concerns over DNA evidence and the circumstances surrounding the complainant’s testimony. The court said these issues suggest the appeal may have reasonable prospects of success.
The High Court ordered Chokurongerwa to deposit US$1 000 as bail with the Clerk of Court at Harare Magistrates Court while waiting for the appeal to be heard.
The apostolic leader had originally faced three r@pe charges. During the trial he was acquitted of two counts but convicted on one charge involving a complainant identified as P.T.
In granting bail pending appeal, Justice Wamambo noted that the case presented unusual circumstances. According to court records, there was no direct complaint of r@pe from the complainant or her guardian, which became a key point during the bail application.
The judge also noted that the complainant reportedly gave testimony that appeared to exonerate the accused, raising questions about the basis on which the conviction was reached.
Another issue raised in court involved the handling of DNA samples, which the defence argued may not have been properly processed. Prosecutors rejected those claims, telling the court that forensic procedures were followed correctly.
The appeal also challenges the authenticity of the complainant’s birth certificate, with the defence arguing that uncertainties about her age could affect the interpretation of the offence.
During the original trial, the magistrate relied on an age estimation report which placed the complainant at approximately 15 years old at the time of the alleged incident.
Justice Wamambo emphasised that after conviction, the presumption of innocence no longer applies, meaning the applicant must demonstrate that there are valid reasons for bail pending appeal.
However, the court ruled that the issues raised by the defence were significant enough to justify temporary release while the appeal is considered.
Under the bail conditions, Chokurongerwa must live at a specified address, report regularly to police authorities, and appear in court when required during the appeal proceedings.
Legal analysts say bail pending appeal is not commonly granted in Zimbabwe, particularly after a lengthy prison sentence, unless the court believes the appeal raises serious legal questions.
The upcoming appeal hearing will examine the trial court’s handling of evidence, witness testimony and forensic findings.
If the appeal succeeds, the conviction could be overturned or the case could be retried. If the appeal fails, Chokurongerwa may be required to return to prison to continue serving the sentence
