Mai Jeremaya rape suspects found not guilty, magistrate says socialite’s evidence “inconsistent and unstatisfactory”

By Mary Taruvinga

Harare magistrate Letwin Rwodzi has acquitted two Harare men Thabo Dube and Martin Charlie who were accused of raping socialite Ashley Masendeke better known as Mai Jeremaya.

The magistrate said the State’s case was too weak for a reasonable court to convict.

“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 but the state did not call that police officer to testify,” said the magistrate.

The magistrate said this conduct is inconsistent with someone pursuing justice.

The magistrate said there are many questions which remain unanswered regarding Mai Jeremaya’s allegations.

She said her testimony gives credibility to the accused’s defence that the sex was consensual and transactional.

“The sequence of events clearly demonstrates that the complainant’s report to the police was not a complete voluntary decision,” said the magistrate.

She said Mai Jeremaya told her friend, Cynthia, it was a secret, which might mean that she intended to keep it under wraps.

“The complainant had no option other than to cry rape,” following a confrontation with her friend.

The magistrate added that Mai Jeremaya also violated the accused by hiring a private investigator who terrorised them.

The magistrate said given all that happened leading to the accused’s arrest,  it was clear that the socialite fabricated the rape.

The magistrate said, “Evidence reveals an ulterior motive, either of extortion or to buy sympathy from her husband.”

Rwodzi said failure by local PI Tafadzwa Chidawa to immediately surrender the accused to the police also shows that there was an ulterior motive.

“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 transaction.

She said there is credible evidence that Dube had a sexual encounter with Mai Jeremaya.

“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 took note of Mai Jeremaya’s allegation that the lodge was in a quiet place in trying to prove that she could not have screamed for help.

She said the video footage played in court showed that the lodge is a busy place.

She said this points out to the fact that the evidence was exaggerated.

The lodge manager also told the court that no one can access the lodge without paying first, which contradicts Mai Jeremaya’s testimony that the room had two doors and that Charlie used the other door to get into the room.

The magistrate also said Mai Jeremaya’s version of the sexual attack she gave to the police was different from that she gave in court.

“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 version that the sex was not forced,” said the magistrate.

“In summary, the State’s case is riddled with inconsistencies.

“…the defence version has remained consistent. On the totality of the evidence, the complainant was a consenting part in the sexual encounter.

“It clearly shows willingness to engage in sex for financial benefits. This supports the conclusion that there was an agreement for consensual sex.”

The magistrate said Mai Jeremaya succumbed to domestic pressure.

“The prosecution has failed to prove its case beyond reasonable doubt.

Rwodzi said it is true that Dube did not have sex with the socialite.

“I hereby find both the accused not guilty and acquitted of rape.”