Harare -The Harare magistrate court has found not guilty, Thabo Blessing Dube and Martin Nigel Charlie who were accused of raping socialite Mai Jeremaya.
Magistrate Letwin Rwodzi said Mai Jeremaya,35,whose real name is Ashley Masendeke evidence in court was riddled with inconsistencies.
“I found both accused persons not guilty of rape and acquitted,” Rwodzi ruled.
“The prosecution has failed to prove the case beyond reasonable doubt.”
Rwodzi said Masendeke made three statements to the police which are not consistent.
Rwodzi said the US$20 paid by Charlie to Mai Jeremaya was used by Masendeke for her personal use.
”She used the money for her own purposes,” Rwodzi said in her ruling.
”The rape allegations are a fabrication. The state case is riddled with inconsistencies. She failed to resit or raise alarm (during the rape).”
The ruling was read in a packed court with Mai Jeremaya sitting next to her dreadlocked husband.
During the trial Mai Jeremaya told the court that the two men took turns to rape her without using any protection.
Mai Jeremaya said she was intimidated and threatened when she was raped at Paradise Lodge which is on number 15 Frank Johnson road.
Magistrate Rwodzi said Mai Jeremaya was ordered to report the rape by her husband and not on her own volition.
She also said Mai Jeremaya went to private investigators without making a formal report to the police when she hired Tafadzwa Chidawa.
Charlie in his defence said he had consensual sex and paid Mai Jeremaya US$20 while Dube said he had never had any sexual intercourse with Masendeke.
Rwodzi said Mai Jeremaya was active participant in the sex with Charlie which is not consistent with rape.
“She was an active participant. She concealed that she took the lead in the sex,” Rwodzi said on the evidence that Mai Jeremaya climbing on top and guided penetration.
“She never attempted to leave the lodge.”
Rwodzi said Mai Jeremaya also told the court the she never wanted to report the case in her evidence in chief.
“The complainant told the court that she never intended to report the case,” Rwodzi said.
Shepherd Makonde represented Dube and Charlie while Cecilia Mashingaidze prosecuted.