Mai Jeremaya rape suspects found not guilty

Harare magistrate Letwin Rwodzi has acquitted Thabo Dube and Martin Charlie, two men accused of raping socialite Ashley Masendeke, popularly known as Mai Jeremaya, after ruling that the State failed to prove its case beyond reasonable doubt.

In a strongly worded ruling, Rwodzi criticised the prosecution's case as "too weak for a reasonable court to convict," citing multiple inconsistencies in the complainant's testimony and a lack of supporting evidence.

"From a clear analysis, the complainant's evidence is unsatisfactory. I conclude so because in the present case, both accused gave their own explanation, which was not rebutted by the State," the magistrate said.

She noted that Masendeke gave three conflicting statements to police, and the officer whom she claimed had told her to alter her report was never called to testify.

"Inconsistencies fly in the face of the complainant's evidence. On the other hand, the accused have remained consistent that the encounter was consensual," Rwodzi ruled.

The magistrate said the testimony provided by Masendeke appeared to support the defence's argument that the sexual encounter was not only consensual but also transactional.

"The sequence of events clearly demonstrates that the complainant's report to the police was not a completely voluntary decision," she added, suggesting that Mai Jeremaya may have reported the alleged rape only after being confronted by a friend, to whom she had initially confided that it was a secret.

Rwodzi further criticised the complainant's decision to hire a private investigator, Tafadzwa Chidawa, who she said "terrorised" the accused instead of reporting them to the police - a move the magistrate said pointed to an "ulterior motive."

"The failure to report to the police and a pursuit for compensation after the alleged rape shows that the allegations were fabricated," she said.

The court also heard that Dube paid for the lodge, transport, and later gave money to Masendeke - facts the magistrate said confirmed that the sexual engagement was financially motivated and consensual.

"There is credible evidence that Dube had a sexual encounter with Mai Jeremaya. The totality of the evidence concludes that the sex with the second accused was consensual," she said.

The magistrate also dismissed claims by Masendeke that she was unable to scream for help during the alleged attack, pointing to video evidence showing that the lodge was a busy place.

Additionally, the lodge manager testified that it was impossible to enter the rooms without paying first - contradicting Masendeke's claim that Charlie used a second door to access the room.

"In court, she admitted that she was the one who went on top and guided the second accused into her vagina," Rwodzi noted.

Rwodzi concluded that the State's case was "riddled with inconsistencies," while the defence had maintained a consistent and credible account of events. She added that Masendeke appeared to have succumbed to domestic pressure and falsely reported rape to cover up the encounter.

"The prosecution has failed to prove its case beyond reasonable doubt. I hereby find both the accused not guilty and acquitted of rape," Rwodzi ruled.