Harare magistrate Ayanda Ndlamini on Friday acquitted former Harare mayor Muchadeyi Masunda of indecent assault charges, reported NewsDay.
The complainant in the case was Ropafadzo Sibusiso Chidawu (34), the daughter of the late Harare Metropolitan Affairs minister Oliver Chidawu, who is a beneficiary of the Oliver Mandishona Chidawu Trust.
Magistrate Ndlamini ruled that the State’s case lacked evidence and proceeding to defence would waste resources as well as time.
She said the State had no tangible evidence to prove that, indeed, the complainant was indecently assaulted as alleged.
Ndlamini further noted that the testimony from the witnesses showed some bias considering that the complainant was the one who went to Masunda’s workplace and after being allegedly assaulted, she stayed for more than two hours.
The magistrate ruled that the State failed to prove that Masunda had sexual intentions when he approached the complainant intending to take his office keys.
Masunda was being represented by Tecla Mapota during trial.
Allegations were that on August 4, 2023, Chidawu visited Masunda’s workplace in Milton Park, Harare, to discuss matters related to the Oliver Mandishona Chidawu Trust.
It was alleged that upon entering his office, Masunda refused to engage with her and physically confronted her, leading to a struggle where she elbowed him.
Chidawu claimed that realising she was being attacked, she decided to record the encounter on her cellphone.
She alleged that while bending over, Masunda grabbed her again, but she managed to free herself by elbowing him.
In a second assault incident, she claimed Masunda charged at her and grabbed her by the waist.
Chidawu claimed that she took the keys from Masunda’s office door, locked herself inside, and recorded the “meeting.”
After about two and a half hours, she returned the keys and left the office. The State contended that she later shared the incident with her subordinate, Truword Kapamara.
In their discharge application, Masunda’s lawyers, Gwaunza & Mapota, highlighted that the complainant had sent a text message thanking him for the “meeting,” which they argued is inconsistent with the behaviour of someone who has been indecently assaulted.
They also pointed out inconsistencies in her testimony regarding when she reported the incident to the police, noting that she initially claimed an August 23 report but later suggested it was made on November 23.
Already, Chidawu had lost four of the six cases she had reported against Masunda, before this latest one.
After his acquittal, Masunda said the acquittal marked “the end of this harrowing and unheard of saga since January 1974 (just over 50 years ago) when I began my involvement in various facets of the legal profession”.
More: Pindula News