Online Reporter
Zvikomborero Parafini
HARARE regional magistrate Letwin Rwodzi said social media star Mai Jeremaya had three different versions of the same case and she was an active consenting participant in a sex for money encounter.
The magistrate said her evidence was marred with inconsistencies and she also questioned the role private investigator Tafadzwa “Advocate Kedha” Chidawa played in the drama
The two men – Thabo Blessing Dube and Martin Charlie – who were accused of gang raping her, were acquitted after a full trial at the Harare Magistrate’s Court.
Magistrate Rwodzi said:
“In trying to prove its case the State led evidence from Cynthia Duringo and Ashley (Mai Jeremaya) Masendeke and three statements authored by Masendeke were produced as well as a medical affidavit.
“The two accused persons outrightly denied any wrong doing and common cause facts are that Martin Charlie had sex with Masendeke.
“Masendeke had been communicating with Dube for over two months
“She was desperate for money and was having marital problems with her husband which she shared with Dube.
“It was also common cause that she was paid US$20 and accepted it and an InDrive was hired to take her home and she didn’t intend to report what happened to her to her husband or the police and it was reported to her husband without her consent by her friend. “According to the medical report penetration was indefinite because she was sexually active prior to the alleged offence.
“The was a tug of war between the accused and Masendeke and from a clear analysis her evidence was unsatisfactory, it cast doubt in the court’s mind.
“Both of them gave their explanations which are reasonable to be true, her testimony was marred with material contradictions while they remained consistent in their evidence that it was sex in exchange for money.
“For a conviction to be secured there should be proof that there was no consent and the accused realised there was real risk that there was no consent and still proceeded to engage in sexual activity
“The burden remains on the State to prove their case and she had three versions of the event, and the statements had material differences.
“What business did she have accompanying them to drop Dube’s girlfriend Sbahle in town?
“Couldn’t she have asked for help or cried out for help at the earliest opportunity, why did she bath after the rape, these are the doubts that arose in the head of the court during trial.”
The magistrate added:
“The report must have been made voluntarily and at the earliest opportunity and it’s this court’s view that the report wasn’t a genuine disclosure of a sexual complaint, it was to save her already crumbling marriage or arose after failing to extort money from the two through a suspicious private investigator Tafadzwa Chidawa.
“The State’s story was incomplete without Chidawa and his failure to surrender the two upon the purported arrest was suspicious and was indicative of an extortion attempt.
“In giving a description of the of the lodge she said it was quiet, trying to prove why she didn’t scream for help, but this was contradicted by the video footage which was produced and showed that it was full with other clients and workers who were going about their business and would have assisted her if she had shouted for help.
“This was a deliberate attempt to dramatise the events when, in actual fact, she was an active consenting participant who engaged in sex for money.”
