A Mutare man, who was being accused of raping his
seven-year-old daughter, was yesterday acquitted by Rusape regional magistrate
Livingstone Chipadze after the State failed to prove a prima facie case against
him.
Chipadze told the court yesterday that the mother of the
complainant fabricated the rape charges and coxed her daughter into filing
trumped-up rape charges after their relationship had broken down.
He said there was evidence that the seven-year-old
complainant’s parents were going through serious matrimonial problems. Chipadze
said the complainant’s mother tried to manipulate a maid by increasing her pay
to falsely testify in court against the man.
The accused was represented by prominent Mutare lawyer
Chris Ndlovu. The court noted that the complainant was a clearly coached
witness and her evidence was rehearsed.
“The complainant’s mother showed the court that she is
clearly a bitter person against the accused and in court did not dispute that
her own sister had at one time used or raised false allegations of rape against
her husband,” the magistrate said.
The complainant’s mother was also discredited by the maid
as an alcoholic and an individual who had attempted to manipulate her to
falsely testify against the accused.
In the application for discharge at the close of State
case, the accused lawyer Ndlovu said the woman attempted to sway the maid, who
testified in the matter, to lie to the police that she had heard the
complainant screaming in the bedroom.
“She, the complaint’s mother had promised a pay increase of
$30 if she falsely testified against the accused, such an unstable and
manipulative mother and is capable of doing anything, faced with the prospect
of losing custody of the children, she concocted the allegations,” he said. Newsday
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