Africa-Press – Zimbabwe. Two men accused of gang-raping socialite Ashley Masendeke, popularly known as Mai Jeremaya, have been acquitted by a Harare magistrate.
Magistrate Letwin Rwodzi, in a ruling delivered on Friday, 4 July, found that the State’s case lacked sufficient evidence to warrant a conviction.
The accused, Thabo Blessing Dube and Martin Charlie, were cleared of all charges after the court determined the allegations were not supported by credible or compelling proof. Said Rwodzi:
From a clear analysis, the complainant’s evidence is unsatisfactory. I conclude so because in the present case, both accused gave their own explanation, which was not rebutted by the state.
Inconsistencies fly in the face of the complainant’s evidence. On the other hand, the accused have remained consistent that the encounter was consensual.
The complainant gave three different and inconsistent statements to the police. She told the court that she was told to change her statement by one of the police officers but the state did not call that police officer to testify.
Rwodzi ruled that Mai Jeremaya’s actions were inconsistent with someone genuinely seeking justice, raising serious doubts about her rape allegations.
She noted several unanswered questions and said Mai Jeremaya’s testimony actually supported the defence’s claim that the encounter was consensual and transactional.
Rwodzi said the complainant’s report to police did not appear to be voluntary, especially after telling her friend Cynthia it was “a secret,” suggesting she had no intention of reporting it, until she was confronted.
She further criticised Mai Jeremaya for hiring a private investigator who allegedly harassed the accused, describing it as a violation of their rights.
The court concluded that the rape claim was fabricated, pointing to a possible ulterior motive, either extortion or a bid to gain sympathy from her husband.
The failure by the private investigator, Tafadzwa Chidawa, to immediately hand over the accused to police also raised suspicions, Rwodzi added. She said:
The failure to report to the police and a pursuit for compensation after the alleged rape shows that the allegations were fabricated.
The function of the court is to do justice. It is trite that if a litigant gives unsatisfactory evidence, their case is trashed.
The magistrate said the use of the money by the complainant shows that it was an agreed-upon transaction.
The totality of the evidence concludes that the sex with the second accused was consensual. He paid for the lodge, he paid for the transport, and he gave the accused some money.
The magistrate dismissed Mai Jeremaya’s claim that the lodge was isolated, saying video evidence showed it was a busy place, weakening her argument that she couldn’t call for help.
The lodge manager also testified that no one could access rooms without paying, contradicting her claim that the second accused entered through a second door.
Further, the court found her account to police differed from her testimony in court, where she admitted to initiating part of the sexual act. Said the magistrate:
In court she admitted that she was the one who went on top and guided the second accused into her vagina. All of the above corroborate the accused’s version that the sex was not forced.
This, the magistrate said, aligned with the defence’s consistent claim that the encounter was consensual and transactional.
The court concluded that the State’s case was riddled with inconsistencies, while the defence remained credible. It found that Mai Jeremaya acted under domestic pressure and failed to prove a lack of consent.
Dube was also cleared of involvement, with the magistrate ruling: “I hereby find both accused not guilty and acquitted of rape.”
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