In a recent court case, a former branch manager of a fast-food outlet in Harare was acquitted of two counts of rape against a female subordinate.
The accused, Xolisani Gama, was being charged with raping his employee on two separate occasions at their workplace. However, at the close of the State’s case, Gama’s lawyer, Tafadzwa Muvhami, applied for his client’s discharge.
Harare magistrate Taurai Manuwere granted the application, stating that the State had failed to prove its case. Gama was subsequently found not guilty and acquitted.
During the trial, Muvhami argued that his client did not rape the complainant, citing inconsistencies in her testimonies regarding the dates of the alleged incidents. The defence counsel claimed the victim wanted to deceive the court, as the details she provided about the place, date, and time of the rapes did not correspond.
The complainant, on the other hand, stated that she had forgotten the exact dates due to the stress and trauma she experienced. She also expressed fear of losing her job if she reported the case. However, the defence argued that the accused could have lost his job instead if the complainant had reported the incidents.
Additionally, the defence team alleged that the complainant had previously sent nude pictures to the accused’s mobile phone. The complainant also claimed that three of her co-workers had resigned after being sexually abused.
Prosecutor Nancy Chandakaona had alleged that the first rape occurred on November 22, 2022, inside a restroom during an inspection, and the second rape took place on September 14, 2023, in the disability room during another inspection. Nonetheless, the magistrate found that the State had failed to prove its case, leading to Gama’s acquittal.
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