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Mashudu Netsianda, Senior Court Reporter
A JAILED Bulawayo traffic cop who turned his 15-year-old step-daughter into a sex slave, threatening to kill her if she exposed him, has approached the High Court challenging his 20 year jail term.

Custom Farai (34) was in 2016 convicted of rape by Bulawayo regional magistrate Mr Chrispen Mberewere. He was sentenced to an effective 15 years after five years were suspended for five years on condition of good behaviour.

Farai, through his lawyers, Mutuso, Taruvinga and Mhiribidi Attorneys, filed an application at the Bulawayo High Court challenging his conviction and sentence.

In papers before the court, the State was cited as the respondent.

In his grounds of appeal, Farai said the magistrate erred and misdirected himself at law by failing to appreciate that the State failed to place evidence proving beyond reasonable doubt that he raped his step daughter.

He argued that there were serious irregularities in the evidence given in court.

“The court a quo misdirected itself by making a finding of credibility of the testimonies of both the complainant and her mother despite contradictions. The magistrate erred and misdirected himself in finding that the State had proved its case beyond reasonable doubt when in fact it had failed to do so,” he argued.

“It is doubtful the appellant had an intentional and unlawful sexual intercourse with the complainant without her consent.”

The State, which is being represented by Mrs Sifiso Ndlovu-Sibanda, opposed the application.

She argued that the State managed to prove its case beyond reasonable doubt.

“In casu, they were grave aggravating circumstances which weighed heavily against the appellant to justify the sentence. Farai was a police officer, an enforcer of the law and was in loco parentis to the complainant. Thus, a sentence of 20 years with five years suspended was proper in the circumstances”.

According to court papers, sometime in 2014 the complainant moved from Mutare to stay in Bulawayo with her mother who is married to Farai.

On November 6 in 2014, the complainant’s mother left her alone at home while she went to the shops with her other siblings.

When Farai arrived home, he found the girl alone and she was sweeping one of the rooms.

He asked her to get his car keys from the bedroom. Farai followed the girl and while inside he pushed her onto the bed before he pinned her down with both hands and raped her once.

The girl bled during the process and messed up her clothes and the blankets.

Farai pointed an okapi knife at the complainant, threatening to stab her if she revealed the ordeal to anyone.

He ordered his step daughter to wash the blankets and when the complainant’s mother returned, she asked her why she was washing them but she was scared to tell her what had happened.

The court was told that Farai began habitually raping the girl whenever her mother was away.

She later informed her mother about the rape. A report was made to the police leading to Farai’s arrest.

@mashnets