By Rex Mphisa
IN brief, its pure madness and dereliction of duty at its worst on parade.
That aptly describes a Beitbridge policeman Caswell Mutsara’s display last week during a rape trial.
He was tasked with the investigation of allegations of rape against Cool Times Ice Cream director Nyasha Tayiya accused of rape of his live-in employee, a charge he denies.
Mutsara admited failure to investigate that serious case..
With 15 years under his badge as a policeman, 10 of those in investigations, Mutsara stationed at Beitbridge Rural Police Station, brazenly displayed the calibre of some trusted to uphold and maintain law and order, with total disregard of the delicacy of evidence.
In utter disdain, Mutsara, under oath, said he had not bothered to check if there was closed circuit television (cctv) at both the leisure place and the lodge where the alleged crime is said to have taken place, to assist the court arrive at a fair decision.
Tayiya, through his lawyer Tawonga Musina of Musina Law Attorneys insists there was a love swing.
Mutsara had also not recorded any statement from the two places and scene of alleged crime where tevicim says she woke up to see her clothes on the table, her privats whitish with blood spots. She claimed she was a maiden.
And to make the State case weak, Mutsara said he did not have adequate time to investigate and had later handed over the case to another officer displaying a poor attitude, or being influenced in a case that serious.
He said tha case had been prematurely brought to court.
His evidence was crucial to show or disprove drugging, willingness or unwillingness of the victim, if any, or at least the state in which she left the leisure place or arrived at the lodge outside Beitbridge town.
At law, a person who is drunk, intoxicated or drugged cannot consent to sex, which he court sought to establish.
Under cross examination from Musina, Mutsara said he had not established what the victim was drinking.
Tayiya sais she was having an alcoholic beverage but in her evidence the woman said she asked had a fruit alchol free drink.
Tayiya has disputed the victim’s evidence that she felt funny and light after consuming what she felt was a laced drink, which later made her pass out – which Mutsara was meant to extablish, if any.
Mutsara was also meant to find whether or not the victim walked normally from the gate of the lodge to the rooms, a claim Tayiya made in his defence of consensual sex.
Mutsara did not interview anyone at the lodge and said it was dark and late.
He told the court he had not asked the barman the type of drink the victim consumed at a place Tayiya took the woman ahead of the alleged rape.
Musina said he would file an application for discharge at the close of the State case due to insufficient evidence.
Magistrate Takudzwa Gwazemba is expected on Tuesday to make his ruling on the discharge application which should be before the court by now.
Olivia Chamutinya is prosecuting.