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Court acquits police officer of attempted rape


A Zimbabwe Republic Police chief superintendent who was facing charges of attempted rape was acquitted last week after the court ruled there was insufficient evidence to prosecute him.
Themba Mutema (37), the Officer Commanding Chikurubi Training Depot, endured a long trial on allegations of trying to rape a junior officer’s wife, Jessica Magadu, last year in October.
Regional magistrate Daniel Shonhiwa acquitted Mutema at the close of the state’s case, citing lack of evidence to prove its accusations.
“The evidence adduced by the state was so manifestly discredited by the accused and as a result it was so manifestly unreliable,” Shonhiwa said.
Mutema told the court that he had a love affair with Magadu which later turned sour when her husband caught them pants down and reported an alleged rape to the police.
According to the state, Magadu’s husband, a junior police officer, encountered a financial problem and requested his wife to assist him source funds to travel to the rural areas.
Magadu allegedly approached Mutema and requested for money and the top cop promised her $15, after learning that her husband was not at home.
When Mutema arrived at Magadu’s house, he found he only in her panties and a bra, the court heard.
Mutema said even though Magadu realised that he was not her husband, she did not make any attempts to refuse him entry, a move the court found as proof there was something going on between the two.
Mutema undressed and joined Magadu on the bed, but before they could become intimate, Magadu’s husband returned home after a failed attempt to raise bus fare. He allegedly caught the two in each other’s arms, the court heard.
Mutema argued that although Magadu’s husband alleged he pulled him off his wife, she never screamed to alert neighbours.
However, it was stated in the state outline that Magadu’s husband found Mutema’s clothes and two used condoms in the bedroom.
Mutema said it was surprising that Magadu never reported the matter to the police, but instead, it was her husband who did.
Shonhiwa acquitted Mutema on grounds that there was no evidence to incriminate Mutema.

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