News / Local
Muchadeyi Masunda applies for acquittal in indecent assault case
02 Oct 2024 at 07:55hrs | Views
Lawyers representing former Harare mayor Muchadeyi Masunda have filed an application for the dismissal of an assault charge against their client, arguing that the State has failed to establish a prima facie case. The matter is scheduled for a hearing on October 4.
The complainant, Ropafadzo Sibusiso Chidawu, 34, is the daughter of the late Harare Metropolitan Affairs and Devolution Minister Oliver Chidawu. According to the State, the incident occurred on August 4, 2023, when Chidawu visited Masunda's workplace in Milton Park, Harare, to discuss matters related to the Oliver Mandishona Chidawu Trust.
Chidawu alleges that upon entering Masunda's office, the former mayor expressed reluctance to engage with her. She claims that during the encounter, Masunda wrestled with her, prompting her to retaliate. In her testimony, she described a series of events where she attempted to record the interaction on her cellphone, stating that she freed herself after using her elbow to strike Masunda.
In a separate allegation, Chidawu claimed that Masunda charged at her and grabbed her by the waist. Following this, she reportedly locked herself inside Masunda's office and recorded the proceedings of the "meeting" for approximately two and a half hours before returning his office keys and leaving.
The State asserts that Chidawu later informed her subordinate, Truword Kapamara, about the incident. However, in the application for discharge filed by Masunda's attorneys, Gwaunza & Mapota, they highlighted inconsistencies in Chidawu's account. Notably, they pointed out that Chidawu had sent a text message thanking Masunda for the meeting, which they argue is inconsistent behavior for someone who had allegedly been assaulted.
"It is submitted that this behavior is highly inconsistent with someone who had been indecently assaulted and was traumatized by the experience. One cannot thank their assailant after having been indecently assaulted," the application states.
Furthermore, the defense argues that Chidawu had initially reported the incident to the police on August 23, 2023. However, during cross-examination, she struggled to recall the dates, ultimately admitting that she filed the report on November 23, 2023. The lawyers contend that this inconsistency undermines her credibility.
Masunda's legal team argued that Chidawu had previously lost four out of six cases she filed against him, asserting that the State has failed to produce reliable evidence from its own witnesses that could lead to a conviction.
"The State has failed to prove each element of the offense that the accused is charged with nor has it been able to adduce evidence of any other criminal offense that the accused could be found guilty of. The accused ought to be found not guilty and acquitted," the lawyers concluded in their application.
As the case progresses, all eyes will be on the court's decision on whether to dismiss the charges against the former mayor.
The complainant, Ropafadzo Sibusiso Chidawu, 34, is the daughter of the late Harare Metropolitan Affairs and Devolution Minister Oliver Chidawu. According to the State, the incident occurred on August 4, 2023, when Chidawu visited Masunda's workplace in Milton Park, Harare, to discuss matters related to the Oliver Mandishona Chidawu Trust.
Chidawu alleges that upon entering Masunda's office, the former mayor expressed reluctance to engage with her. She claims that during the encounter, Masunda wrestled with her, prompting her to retaliate. In her testimony, she described a series of events where she attempted to record the interaction on her cellphone, stating that she freed herself after using her elbow to strike Masunda.
In a separate allegation, Chidawu claimed that Masunda charged at her and grabbed her by the waist. Following this, she reportedly locked herself inside Masunda's office and recorded the proceedings of the "meeting" for approximately two and a half hours before returning his office keys and leaving.
The State asserts that Chidawu later informed her subordinate, Truword Kapamara, about the incident. However, in the application for discharge filed by Masunda's attorneys, Gwaunza & Mapota, they highlighted inconsistencies in Chidawu's account. Notably, they pointed out that Chidawu had sent a text message thanking Masunda for the meeting, which they argue is inconsistent behavior for someone who had allegedly been assaulted.
"It is submitted that this behavior is highly inconsistent with someone who had been indecently assaulted and was traumatized by the experience. One cannot thank their assailant after having been indecently assaulted," the application states.
Furthermore, the defense argues that Chidawu had initially reported the incident to the police on August 23, 2023. However, during cross-examination, she struggled to recall the dates, ultimately admitting that she filed the report on November 23, 2023. The lawyers contend that this inconsistency undermines her credibility.
Masunda's legal team argued that Chidawu had previously lost four out of six cases she filed against him, asserting that the State has failed to produce reliable evidence from its own witnesses that could lead to a conviction.
"The State has failed to prove each element of the offense that the accused is charged with nor has it been able to adduce evidence of any other criminal offense that the accused could be found guilty of. The accused ought to be found not guilty and acquitted," the lawyers concluded in their application.
As the case progresses, all eyes will be on the court's decision on whether to dismiss the charges against the former mayor.
Source - newsday
