By Mzwandile Dhlamini
Harare – The defence lawyer of Thabo Blessing Dube and Martin Nigel Charlie, the two men who stand accused of raping socialite, Ashley Masendeke who is known as Mai Jeremaya have notified the court that they will apply for discharge after the state ended its case.
Defence lawyer, Shepherd Makonde notified the Harare magistrate court that he will apply for Dube and Charlie to be discharged as there is not enough evidence to convict the accused persons.
An application for discharge, in a legal context, is a request for a court to release an accused person from a charge, typically at the close of the prosecution’s case. This is done when the court believes there is insufficient evidence to support a conviction.
On Tuesday, a female friend of Mai Jeremaya testified as a witness giving an account of how she was told about the alleged rape.
However, in her testimony it was apparent that there were inconsistencies compared to what her friend Mai Jeremaya told the court.
The witness said Mai Jeremaya told her she was raped by one of the accused and not both, contradicting what Masendeke said in her testimony that she was raped by both men.
Under cross examination Mai Jeremaya’s friend denied some of the statements that were said by Mai Jeremaya in court.
Below are the exchanges between Makonde, the defence lawyer and the female friend of Mai Jeremaya.
Makonde- “What made the complainant to leave your place of residence?”
Mai Jeremaya’s friend – “She had just came to (sleep) for one night.”
Makonde- “She told this court that you had an altercation. Is that correct?”
Mai Jeremaya’s friend – “No.”
Makonde- “She said you wanted to exorcise her using traditional snuff , Bute?”
Mai Jeremaya’s friend – “No.”
Makonde- “Is it not that you took a pipe and mixed it with Bute on the day in question?”
Mai Jeremaya’s friend – “No.”
Makonde- “In other words you are saying she was lying when she said she left after an altercation and you wanted to exorcise her with Bute?”
Mai Jeremaya’s friend – “Yes.”
Makonde- “Is it correct that she told you that should not tell anyone about the sexual intercourse that had happened at the lodge?”
Mai Jeremaya’s friend – “Yes.”
Makonde- “The sex that happened at number 15 Frank Johnson (lodge) was supposed to be a secret between you and the complainant?”
Mai Jeremaya’s friend- “Yes.”
Makonde- “And you are the one who told her husband about the sex?”
Mai Jeremaya’s friend – “Yes.”
Makonde- “Did the complainant (Mai Jeremaya) tell you that she was not happy that you told the husband about the sex?”
Mai Jeremaya’s friend – “She did not say that as such but I figured she was disappointed.”
Makonde- “Without you disclosing the matter to the husband, this issue would not have come out?”
Mai Jeremaya’s friend – “Yes.”
Makonde- “Having highlighted the inconsistences and you agree me that there are inconsistencies between your statement and her statement?”
Mai Jeremaya’s friend – “Yes.”
Makonde- “Before the court we have now two different versions from the court of what happened?”
Mai Jeremaya’s friend – “Yes.”
Makonde -“You can see now it is hard to find who said the truth between you and the complainant?”
Mai Jeremaya’s friend – “Yes.”
Makonde- “Under the circumstances it is difficult to know if the accused persons did wrong?”
Mai Jeremaya’s friend- “Yes.”
At the close of the State’s case three police statements that were taken from Masendeke were presented as evidence in court.
Makonde presented one statement date 3 May, 2025, another dated 9 May, 2025 and the other statement is not dated.
Cecilia Mashingaidze prosecuted for the state.
Magistrate Letwin Rwodzi is presiding over the rape trial.
In their defence, Dube and Charlie have already denied the rape charges with Charlie saying he had consensual and transactional sex with Mai Jeremaya of which he paid her US$20.
Charlie also said he paid for Mai Jeremaya’s’ Inndrive taxi fare to her friend’s place.
Dube denied ever sleeping with Mai Jeremaya.
Rwodzi had told Makonde that the second accused Charlie may not be able to be discharged as his defence outline said he had sex with Mai Jeremaya, and he may be put to his defence to assess whether it was consensual.
Makonde said he had been instructed to apply for discharge for both the accused.
Magistrate Rwodzi will make a ruling on June 26, 2025 at 09:00 hours on whether to discharge or to put Dube and Charlie on their defence.
Editors Note: Ashley Masendeke made her rape public on social media and as a publication we are naming her as the case is already in the public domain.