Harare – Former Harare mayor Muchadeyi Masunda’s legal team is seeking the dismissal of indecent assault charges against him, arguing that the prosecution has failed to provide sufficient evidence to proceed.
The defense contends that the State has not established a prima facie case against Masunda, and they are requesting the case be dismissed.
The matter is scheduled for a hearing on October 4.
The complainant, Ropafadzo Sibusiso Chidawu (34), is the daughter of the late Harare Metropolitan Affairs and Devolution minister Oliver Chidawu.
The State alleges that on August 4, 2023, Chidawu visited Masunda’s workplace in Milton Park, Harare, to discuss matters related to the Oliver Mandishona Chidawu Trust.
Upon entering the office, Masunda allegedly expressed unwillingness to entertain her.
Chidawu alleged that Masunda physically assaulted her, wrestling her and grabbing her on multiple occasions.
She testified that she attempted to defend herself and record the incident on her phone, but Masunda allegedly prevented her from doing so.
In the second alleged assault, Chidawu claimed that Masunda charged towards her and grabbed her by the waist.
She subsequently locked herself in Masunda’s office to escape further harm and continued to record the events.
After approximately two and a half hours, Chidawu left the office and reported the incident to her subordinate, Truword Kapamara.
Masunda’s defense lawyers Gwaunza and Mapota argued that Chidawu’s testimony was inconsistent and unreliable.
They pointed to a contradiction in her account, noting that she had sent a thank-you message to Masunda after the alleged assault.
“It is submitted that this behaviour is highly inconsistent with someone who had been indecently assaulted and was traumatised by the experience.
“One cannot thank their assailant after having been indecently assaulted,” the lawyers wrote in the application.
They wrote that the complainant had stated that she had reported the matter to the police on August 23, 2023, but when it was put to her under cross-examination that she made the report on November 23, 2023, she prevaricated saying she could no longer remember the dates, the lawyers wrote.
“However, she did not deny that the police report was made in November 2023.
“This is inconsistent with her handwritten statement to the police, which is dated 23 November 2023,” argued Masunda’s lawyers.
The lawyers argued that the State had failed to establish a prima facie case against the accused.
They said Chidawu had lost four of the six cases she had reported against Masunda.
“The State has failed to adduce reliable evidence favourable to it from its own witnesses that if such evidence is uncontroverted by the defence the State will not be able to secure a conviction against the accused.
“The State has failed to prove each element of the offence that the accused is charged with nor has it been able to adduce evidence of any other criminal offence that the accused could be found guilty of.
“The accused ought to be found not guilty and acquitted,” the lawyers wrote in the application.
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