19 days jail over false rape report

TWO Bulawayo men spent 19 days at Khami Remand Prison after a married woman lied that they had kidnapped and raped her.

The woman, only identified Charmaine, lied to her husband and the police that Hardlife Ndlovu, 30, of Emakhandeni suburb and Mkhululi Mafusi, 28, from Trenance took turns to rape her four times on May 30 this year.

Charmaine had claimed the two men bundled her into a car as she was walking near the intersection of 10th Avenue and Josiah Tongogara Street and took her to a house in Lobengula suburb where they violated her.

But it later emerged in court that Ndlovu was her lover and Charmaine had lied to save her marriage after her husband asked her why she had arrived home late.

The two, the court heard, had sex two days after they met.

The woman - a mother of three - collapsed in court after Ndlovu produced pictures to prove they were having an affair.

In fact, the trial was postponed on three occasions as the woman first tried to commit suicide, fainted and started changing her story as evidence against her mounted.

The two men appeared before Bulawayo magistrate Sibongile Msipa-Marondedze charged with rape and kidnapping.

The charges were yesterday dropped as the prosecutor admitted the facts would render a conviction impossible.

Prosecutor Mufaro Mageza said the State was withdrawing its case because Charmaine's story was too hard to believe.

"When Ndlovu and Mafusi came for an initial appearance, the woman (Charmaine) was in hospital as she had tried to commit suicide, the facts are as per state outline," said Mageza.

"However the woman's story is just too hard to believe. In her statement she said the two men kidnapped her in the city centre and took her to an unknown place where they took turns to rape her.

"On the second remand date she collapsed and on the third remand date she was available and was interviewed by one of the prosecutors and she forgot what she had stated in her statement and changed her story," said Mageza.

He said in trying to explain away one of the damning pictures produced by the accused, she said Ndlovu and Mafusi kidnapped her in the city centre and took her to the Zimbabwe International Trade Fair grounds.

Charmaine claimed Ndlovu and Mafusi bribed police officers and soldiers that were on duty and forced her to pose for the picture that was produced as an exhibit (see picture).

"When the picture she took with Ndlovu at the Trade Fair was produced in court, Charmaine collapsed and claimed that she was forced into taking it," said Mageza.

"Ndlovu told the court that he proposed love to the woman and she agreed. They visited several bars in the city and DJs have testified that Mafusi was with his girlfriend while Ndlovu was with the woman," he said.

At the initial appearance, Charmaine claimed the two men bundled her into a car on May 30 as she was walking near the intersection of 10th Avenue and Josiah Tongogara Street. The State alleged that they threatened to harm her if she made noise.

Mafusi allegedly drove off to Lobengula where on arrival, they force-marched Charmaine into an empty room.

Ndlovu allegedly removed Charmaine's top and started grabbing her breasts.

The court heard that the duo ordered her not to scream and Ndlovu went on to completely undress her.

Ndlovu allegedly laid her on a blanket which was on the floor. The pair allegedly took turns to rape Charmaine and she only managed to escape at around 5PM.

She reported the matter to the police, leading to Ndlovu and Mafusi's arrest.