Magistrate berates lawyer for delaying tactics

Bepura dismissed the Nhire's application and said the trial would continue.

BEITBRIDGE regional magistrate Innocent Bepura on Wednesday berated a defence lawyer for employing delaying tactics in the trial of a popular local man who raped his 13-year-old daughter.

The trial could not proceed because Muchineripi Nhire, the lawyer of the accused, did not turn up citing high blood pressure.

He sent a messenger with a doctor’s note.

The accused cannot be named to protect the identity of the victim.

Nhire had applied to the court to compel the State to conduct a deoxyribonucleic acid (DNA) of the foetus from the terminated pregnancy of the rape victim.

He said without a DNA test, he could not prepare his defence.

In response, prosecutor Tsitsi Mutukwa said the foetus had been incinerated.

Bepura dismissed the Nhire's application and said the trial would continue.

“This is a serious court. This is not a court of jumping up and down. Common sense tells us that the foetus was incinerated and the DNA cannot be provided even if we give you 16 years. The trial must continue and you should be ready,” Bepura said.

Nhire would not budge.

“My defence is hinged on the foetus and I am now disabled and cannot deposit my defence outline without the DNA,” he said.

Bepura reminded Nhire that his application had been dismissed, adding that the trial would continue just after lunch.

However, Nhire was in no show saying he was sick forcing the matter to be postponed to December 28.

Nhire is representing a famous Beitbridge man accused of raping his daughter several times since she was 13.

The man, alongside  his wife, later assisted the girl to terminate the resultant pregnancy.

Last week, the wife pleaded guilty and was jailed for four years by provincial magistrate Vavariro Gavi.

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