A Harare Magistrate has reserved judgment in a matter in which Thabo Blessing Dube and Martin Charlie stand accused of raping socialite, Ashley Masendeke, popularly known as Mai Jeremaya.
The defence
team, led by lawyers Mr Shepherd Makonde and Mr George Manokore, submitted an
application for discharge at the close of the State’s case before their clients
were called to present their defence.
They argued
that the prosecution’s case lacked credibility and was marred by
inconsistencies that cast reasonable doubt on the complainant’s testimony.
Central to the
case was the evidence provided by the State’s key witness, described as the
“first person to be told” of the alleged assault.
The witness
told the court that the complainant had initially disclosed to her that she had
consensual intercourse with only one individual contradicting her official
statement, in which she alleged being raped by two accused persons.
The same
witness denied the complainant’s claims that she had attempted to perform an
exorcism on her following the incident.
She also
testified that the complainant was distressed when her husband became aware of
the matter, allegedly expressing a desire for the issue to remain a secret.
Under
cross-examination, the witness conceded that her recollection conflicted with
both her initial report and the complainant’s court testimony, admitting that
it was difficult to ascertain which version was accurate.
Citing these
discrepancies, the defence submitted that the case did not warrant continuation
and that the accused should be discharged.
The matter has
been postponed to June 27, for the court to deliver a ruling on whether the
accused will be discharged or put to their defence. ZBC
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