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Yeukai Karengezeka-Court Correspondent
A manager at one of Nando’s fast-food outlets, who was being accused of raping a co-worker twice in 2022, walked out of court a free man after he was acquitted before even having to be put on his defence due the complainant’s contradictory testimony.
His employer had already cleared him after detailed investigations following an initial internal complaint.
Harare regional magistrate Mr Taurai Manuwere found Xolisani Gama (47) not guilty and acquitted him of rape at the close of the State case after prosecution failed to prove its case. Three State witnesses had been called to give their testimony, including the complainant who gave a contradictory account of when, where and how the rape occurred.
Under cross-examination, evidence from the Simbisa log-in system, manual register and shop paperwork provided, proved the complainant was not at the alleged place on the day she was assaulted.
During cross-examination, Gama’s lawyer Mr Tafadzwa Muvhami argued that the complainant framed his client after she was denied a transfer to work at Chicken Inn.
She told the court that she had forgotten the exact dates and months when the two assaults she alleged happened had occurred as she solely relied on her diary. She denied ever suffering from memory loss, but only stated that she suffered from stress and trauma after the “alleged” rape occurred.
It was the State’s case that Gama and the complainant were doing a walk-through at their workplace when he locked a toilet door and raped the complainant before committing the same offence on another day.
It is alleged that the complainant reported the matter to the human resources manager. The issue was taken to the complaints committee, but the accused was found not guilty after internal investigations.
Bongani Ndlovu
Online Reporter