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    Saturday, 8 July 2017

    Rape conviction: Businessman Cummings loses bail application


    MASVINGO – High Court Judge, Justice Joseph Mafusire has thrown out an application for bail pending appeal by Prominent Masvingo businessman Aubrey Cummings who was recently convicted on two charges of rape.
    Justice Mafusire refused to grant bail after concluding that the businessman's prospects of success in the appeal case were little. He said as a result chances that Cummings could abscond were high. He said the argument that Cummings did not abscond during the trial of the case no longer stood now because circumstances have changed.
    Cummings who is a prominent businessman was convicted of raping an 11-year-old and continued raping her until she was 16. He was found guilty on two of the counts he was charged with.
    Justice Mafusire also dismissed arguments by Cummings' lawyers that the sentence of 15 years was too heavy. He said that this was within the range of rape cases.
    It was the State`s case that on the first count of rape in August 2012 in Rhodene Cummings entered into the complainant`s room at around 3am where the girl was sleeping and forcibly had sexual intercourse with her.  On the second occasion, the applicant also forced the complainant to have sex with her without her consent. The third rape occurred 9km out of town inside Cummings' motor vehicle.
    The applicant was represented by Kadzere , Hungwe and Mandevere Legal Practitioners and Sophia Bhusvumani represented the State.
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