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Senior Court Reporter
Former Alpha Media Holdings group sports editor Simba Rushwaya (39), who was accused of raping his 16-year-old housemaid, has been cleared of the charges. Regional magistrate Mrs Sandra Mupindu acquitted Rushwaya after a full trial because the State failed to prove a case against him.
Rushwaya, through his lawyer Ms Rekai Maposa, denied the allegations saying the maid fabricated the claims when she was fired for stealing money.
Mrs Mupindu said the complainant lacked consistency and credibility, and some of her claims could not be corroborated.
As such, she ruled, any reasonable court would not convict anyone basing its judgment on such evidence.
Ms Maposa said that after the alleged rape, the girl went on to spend a night with her boyfriend only to report the alleged rape three days later.
It was alleged that on October 28 last year, Rushwaya arrived home late and unlocked the door before proceeding to the kitchen where the girl was sleeping.
He woke her up and ordered her to remain quiet or he would kill her if she made any noise, it was alleged.
It was also alleged that Rushwaya was holding a baton and allegedly stripped the girl and raped her.
The court heard that Rushwaya threatened the girl with death for the second time if she told anyone what had transpired.
The following day, Rushwaya alleged that the girl had stolen US$20 as a pretext to dismiss her from work, it was alleged.
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