Cop acquitted of rape charges

Thandeka Moyo Court Reporter
A POLICE officer who was up for rape charges was yesterday acquitted after the State case crumbled.

Elton Mlonyeni, who is stationed at Luveve Police Station, was discharged after the State led by Trust Muduma failed to prove its case beyond reasonable doubt.

He had been arraigned on charges of raping a Form Four pupil. Passing judgment, regional magistrate Chrispen Mberewere said it was clear the girl had lied to the court.

“The State alleged that Mlonyeni had unlawful sex with the girl while her mother had gone to Harare. She, however, did not report the matter as she claims she feared being misjudged,” said magistrate Mberewere.

“The rape report was made out of desperation that the mother would eventually find out. Enough doubt has been cast on the State’s case. Such evidence prevents the courts from finding the accused guilty of rape and therefore he is acquitted.”

Mlonyeni, who was represented by Shepherd Shenje of Shenje legal practitioners, had pleaded not guilty to the rape charge.

He had been out of custody after he was granted $200 bail last year when he first appeared at Western Commonage courts.

The State’s case was that Mlonyeni had forced himself on the Form Four pupil after locking her up in a room.

“Mlonyeni allegedly had sexual intercourse with her without her consent. She screamed for help but no one heard her,” said Muduma.

The court heard that on November 18 last year at around 9AM in Gwabalanda, the girl went to the house looking for Mlonyeni’s landlord.

Upon arrival, she knocked on the door and Mlonyeni opened for her. He then grabbed her and pulled her inside the house before locking the door, the court heard.

The girl screamed but no one heard her as Mlonyeni had turned up the volume on his radio. Muduma further told the court that Mlonyeni put on a condom before raping the complainant twice.

When he attempted to rape her for a third time, she managed to overpower him and escaped, the court heard. She reported the rape to her mother who subsequently reported the assault to the police.