News / Local
Guvamatanga cleared of rape
14 Oct 2023 at 02:26hrs | Views
At the conclusion of the prosecution's case, Harare regional magistrate Mr. Stanford Mambanje has acquitted Charles Guvamatanga, a music promoter and director of Kuziva Holdings, known in entertainment circles as "Torro," of the rape charges brought against him, which involved his niece.
Guvamatanga's defense attorney, Mr. Dumisani Mthombeni, had applied for his client's discharge, contending that the State's case was exceedingly weak.
Mr. Mambanje determined that the State had failed to establish a prima facie case against Guvamatanga.
During his defense, Guvamatanga claimed to be a victim of abuse himself, asserting that he had been drugged by the 18-year-old complainant, who then took advantage of him and initiated sexual contact.
Mr. Mambanje noted that the complainant failed to substantiate her case in her testimony. Additionally, the nurse who appeared as a witness in court could not definitively explain whether the bruises on specific areas of the complainant's body, purportedly sustained during the alleged sexual assault, were recent or older.
Mr. Mambanje further pointed out that the medical evidence submitted was insufficient to prove that the two individuals had engaged in sexual intercourse.
The magistrate highlighted that the statements made by the second witness contradicted those previously presented by the complainant. He also mentioned that the complainant's habit of surreptitiously leaving her home to frequent nightclubs for alcohol consumption undermined the image of decency she had sought to project in court.
Mr. Mambanje concluded, "The complainant's falsehoods dealt a significant blow to the State's case." He emphasized the absence of a medical affidavit in court to substantiate the alleged sexual abuse.
Guvamatanga's defense attorney, Mr. Dumisani Mthombeni, had applied for his client's discharge, contending that the State's case was exceedingly weak.
Mr. Mambanje determined that the State had failed to establish a prima facie case against Guvamatanga.
During his defense, Guvamatanga claimed to be a victim of abuse himself, asserting that he had been drugged by the 18-year-old complainant, who then took advantage of him and initiated sexual contact.
Mr. Mambanje noted that the complainant failed to substantiate her case in her testimony. Additionally, the nurse who appeared as a witness in court could not definitively explain whether the bruises on specific areas of the complainant's body, purportedly sustained during the alleged sexual assault, were recent or older.
Mr. Mambanje further pointed out that the medical evidence submitted was insufficient to prove that the two individuals had engaged in sexual intercourse.
The magistrate highlighted that the statements made by the second witness contradicted those previously presented by the complainant. He also mentioned that the complainant's habit of surreptitiously leaving her home to frequent nightclubs for alcohol consumption undermined the image of decency she had sought to project in court.
Mr. Mambanje concluded, "The complainant's falsehoods dealt a significant blow to the State's case." He emphasized the absence of a medical affidavit in court to substantiate the alleged sexual abuse.
Source - The Herald