ZANU PF official acquitted of rape

Review & Mail Writer

Harare regional magistrate Feresi Chakanyuka acquitted ZANU PF Coordinating Committee member Cde Mathew Muleya after he was found not guilty in a rape case involving a member of the Zimbabwe Republic Police band.

 Muleya had been charged alongside his accomplice, band supervisor Cuthbert Gwidi.

Magistrate Chakanyuka, during the trial, revealed that the witnesses from the band who testified were deemed incompetent due to inconsistencies in their evidence. This led to the ultimate decision of finding Muleya not guilty in the case.

“The first state witness is not a competent and credible witness given her own confession to lying several times and further contradicting herself on oath. As a general rule it is undesirable to rely solely and entirely on the evidence of the complainant,” Magistrate Chakanyuka said.

In acquitting Muleya, the Harare magistrate further ruled that the evidence which was presented by the first witness was further contradicted by all the other state witnesses, rendering it of no value.

The first state witness is not a competent and credible witness given her own confession to lying several times and further contradicting herself on oath. As a general rule it is undesirable to rely solely and entirely on the evidence of the complainant, “she said.

The allegation was that in 2018, Muleya was a delegate at a ZANU PF fundraising dinner where the ZRP Police band was performing and after the event all the band members were dismissed to go home but Gwidi is alleged to have later called the complaint back to the hotel and took her to Cde Muleya who then allegedly raped her twice.

It is allegedly that Gwidi gave the woman US$5 as a taxi fare after he raped her.

The court was told that it came to the attention of the complaint that she was infected with a sexually transmitted disease three days later.

The complainant claimed Cde Muleya had sexual intercourse without her consent and that Gwidi would regularly abuse her and they had sexual intercourse several times, after performances at other venues.

Cde Muleya and Gwidi applied for discharge through their lawyer Mr Givemore Mvhiringi of Mvhiringi and associates at the climax of the state case as enshrined in section 198 (3) of the Criminal Procedure and evidence Act.

It did not escape the attention of the court that there was no Congress in 2018 and the fundraising dinner was a fabricated story.

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