A 14-year-old Rwandese refugee has told a court that a Zimbabwean teacher stripped her naked before attempting to rape her.
She bolted out of the cabin when the teacher reached for a condom.
The teacher had initially been charged with indecent assault after he allegedly inserted his finger into the private parts of the girl.
But the girl said Basil Farai Manyuwa only inserted his fingers as consolation after failing to force himself on her. Magistrate Mr Makamera Waini accordingly halted proceedings saying the complainant's attempted rape accusations were beyond his jurisdiction.
He then referred the matter to the Attorney General's office in accordance with Section 54 of the Magistrate's Act. The teenager who testified as a State witness told the court that the accused, Basil Farai Manyumwa wanted to rape her and had already reached for a condom when she broke free from his grip.
The State led by Mr Thembalami Dhliwayo had alleged that on April 4, 2011 at Tongogara Refugee Camp's St Michael Secondary, Manyumwa who is a Mathematics teacher inserted his finger into the girl's private parts.
Allegations are that the girl had gone to Manyumwa's place to collect text books and question papers for practice.
"Upon her arrival the accused dragged the girl into his quarters, forced her onto the bed and inserted his fingers into the minor's privates before threatening her with unspecified action if she discloses the ordeal," the State said.
The girl, however, reported the matter to her parents. Manyumwa is denying the charges.
In his defence, his attorney Mr Langton Mhungu said the accusations were fabricated.
He said, at all times, his client was in the company of a friend, Mishek Mukandi who witnessed the complainant being assisted in Mathematics while he was busy on the laptop.
He saw the girl departing after a 40-minute Mathematics session. Mr Mhungu also argued that there is no evidence that there was any struggle as claimed by the complainant as she should have made noise by screaming.
He said the girl invented the story in order to facilitate her relocation to Europe as according to her many refugees have previously done the same in order to court sympathizers who will in turn relocate them to European countries. Mr Mhungu also told the court that the complainant did not tell the matron her allegations although she met her a few minutes after coming from Manyumwa's cabin.
However, the trial was abandoned midway after the girl told the court that Manyumwa wanted to rape her.
"He pushed me onto the bed and we wrestled, he however managed to undress me. I then placed my palms on my privates to make sure his manhood is denied entry and that's when he inserted his fingers trying to weaken me however I managed to escape albeit with a torn trousers," she said.
The matter is expected to be heard by a regional magistrate on a date to be announced.