Jailed apostolic sect leader Ishmael Chokurongerwa has been granted bail pending appeal by the High Court of Zimbabwe, allowing his temporary release while his case is reviewed.
Chokurongerwa, popularly known as Madzibaba Ishmael, had been serving a 20-year prison term following conviction on one count out of three charges. He was acquitted on two counts and convicted on one before being handed the lengthy sentence.
The ruling was issued by High Court Judge Neville Wamambo, who found that the appeal raised issues that merit judicial reconsideration and could potentially alter the conviction or sentence.
Justice Wamambo noted that several points in the appeal including the handling of DNA evidence, the absence of a direct complaint, and contested findings about the complainant’s age, offered Chokurongerwa reasonable prospects of success.
In his appeal, Chokurongerwa argued that the DNA evidence relied upon lacked a properly established chain of custody and that the conviction was made without direct testimony from the complainant. He further challenged the court’s age determination process, claiming the birth certificate was dismissed in favour of an estimation.
The State opposed bail, insisting that all witnesses involved in handling DNA samples testified and that the evidence was properly managed. Prosecutors also maintained that testimony about religious indoctrination came from a credible witness accepted by the trial court.
However, Justice Wamambo observed that the trial record did not contain direct evidence of non-consensual conduct and that some of the conclusions relied upon were implied rather than explicitly supported by testimony. He also noted that the 20-year sentence without any suspended portion, appeared excessive in the circumstances.
As part of his bail conditions, Chokurongerwa must report three times a week to the CID Law and Order Section in Harare while awaiting the outcome of his appeal.
