Man found guilty of defilement

GALE NGAKANE
Correspondent | Wednesday February 17, 2010 00:00

Sentence is to be passed on February 22, after the prosecution has ensured that Mabengano has no previous conviction. In the meantime he will be remanded in custody awaiting the passing of the sentence.

The clean-shaven 27 year old auto-mechanic, who was dressed in jeans and a blue shirt looked worse for wear as he sat down in the public gallery and cupped his head next to an equally sorrowful relative, after Madandume pronounced him guilty of the offence.

Reading from a lengthy judgement Madandume said Mabengano was 'well aware at all times that the complainant was too young ' when he engaged in sexual intercourse with her.

Not only was he aware of the youthfulness of the complainant, he shared a house with the complainant's mother, he knew her to be a student at Tashatha Community Junior Secondary School, and could have judged her by her stature, said Madandume.

'As such, I find the accused evidence was a fabrication in an attempt to mislead the court. From the above, I find that the prosecution have proved their case against the accused beyond reasonable doubt and the court retains a verdict of guilty and the accused shall be convicted as charged,' said Madandume.

The magistrate dismissed Mabengano's evidence that he was only suspected of having sexual intercourse with the girl and that was the reason he moved places, from Gerald Estates to Newstands, Tati Siding. While conceding that the girl visited him at his new place, Mabengano had told the court that the girl was actually not visiting him, but was looking for a schoolmate's place of residence.

But Madandume argued that he did not address any of the numerous allegations against him. The accused did not address the issue of the two being found in the one-roomed house, nor, when the third state witness under cross-examination, insisted it was the accused he found with the girl that day.

Apparently, evidence led before court was to the effect that Mabengano had  sexual intercourse with the girl on different occasions, starting when she was at the tender age of 13. First, it was at the house he shared with the girl's mother in Gerald Estates and then at a house he relocated to in Newstands, Tati Siding. The girl told the court during the trial that she was the one who approached Mabengano and told him that she loved him.

Thereafter, they started a love affair, which resulted in them, engaging in sex on a number of occasions.

Sometimes they had sex at his place, at others, he visited her at her mother's place.

One day Mabengano visited her at her mother's place where the mother caught them in the act. The mother reported the matter to the local police who took the girl for examination at Nyangabgwe Referral Hospital.

On another occasion, the girl visited Mabengano at his place where he took her to a house where he proceeded to have intercourse with her. At the place, some two men, whom the girl told the court she can only identify facially came and took her to her mother.

The police were called and they took her to Nyangabgwe for another examination. The state called five witnesses, including the mother, a James Manuel and Dr Adeyot Tegeghe from Nyangabgwe Hospital.

Jaloni Somolekae from the Directorate of Public Prosecutions represented the state.