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Court Reporter
Harare magistrate Gloria Takundwa has acquitted prominent clergy, Prophet T Freddy of rape and assault charges levelled against him by a bitter ex-lover who was obsessed with the idea of revenge, ruling that the State has failed to prove a prima facie case against him.
The complainant, a 33-year old ZBC presenter, had fabricated rape charges as a counter-move after being arrested for extorting money from the Man of God, in connivance with her influential uncle, Chief Chikwaka who is also a senator, some police details and ZBC employees. Chief Chikwaka was recently arrested in connection with the case and is awaiting trial.
T Freddy, the founder and visionary of Goodness and Mercy Ministries was standing trial on allegations of raping and physically assaulting Rutendo Makuti. Through his defence lawyers Jivan Mudimu and Everson Chatambudza, he had applied for discharge at the close of the State case.
In her ruling, the presiding magistrate cleared T Freddy of two counts of rape and physical abuse, stating that “no probable cause has been established by the State against the accused”.
She also noted that “the complainant was not keen to make a formal police report as she only filed the rape charges after she had been arrested for extortion. She had a love relationship with the accused and also that the duo differed on when their sexual relationship started hence the possibility of a consensual love relationship before the alleged rape incidences cannot be discounted.”
The magistrate also found that “there were many inconsistencies in the accused’s narrative and her evidence was unreliable. Her statement lacks detail on how she was allegedly raped on the second count thus there is a glaring lack of evidence that sexual intercourse was without consent, with the complainant claiming ignorance of the meaning of consent. Under such circumstances, the court had no option but to discharge the accused on lack of evidence.”
On the third count of physical abuse, the presiding magistrate noted that the complainant claimed to have sought medical attention but failed to produce a medical report to that effect.
The State had only one witness, to which the magistrate said it was expected that there should have been many witnesses as the alleged abuse occurred in broad daylight at Moja Shopping Centre hence the evidence of a single witness should be taken with caution.
