A FORMER branch manager at a fast-food outlet in Harare was acquitted at the close of the State’s case of two counts of rape.
He was being allegedly accused of raping his female subordinate twice at the workplace.
At the close of the State’s case, Xolisani Gama through his lawyer Tafadzwa Muvhami applied for discharge.
Harare magistrate Taurai Manuwere granted the application stating that the State had failed to prove its case and accordingly Gama was found not guilty and acquitted.
During trial, Muvhami argued that his client did not rape the complainant, citing inconsistencies in the complainant’s testimonies on the dates she was sexually assaulted.
Muvhami alleged that the victim wanted to deceive the court.
The defence counsel said the circumstances which the victim was alleging were incorrect because the alleged place, date and time when she was raped were not corresponding.
However, the complainant said she had forgotten the dates because of stress and trauma, resulting in her undergoing counselling.
The victim told the court that she was afraid of losing her job.
However, the defence submitted that the accused person could have, instead, lost his job if she reported the case.
The defence team also alleged that the complainant once sent nude pictures to the accused person’s mobile phone.
The complainant claimed that three of her co-workers resigned after being sexually abused.
Prosecutor Nancy Chandakaona alleged that on the first count on November 22, 2022, the complainant was raped inside one of the restrooms, where they had gone to do an inspection.
On September 14, 2023, the complainant was allegedly raped again inside the disability room during an inspection.
