Harare- In a ruling delivered to a packed courtroom, a Harare Magistrate Letwin Rwodzi, on Friday acquitted Thabo Blessing Dube and Martin Nigel Charlie, who were facing charges of raping socialite Ashley Masendeke, widely known as Mai Jeremaya.

Magistrate Rwodzi acquitted both men, stating that the state had failed to prove the rape charges beyond a reasonable doubt. She highlighted significant inconsistencies in the evidence presented by the 35 year old Masendeke.

“The prosecution has failed to prove the case beyond reasonable doubt. I found both accused persons not guilty of rape and acquitted,” said magistrate Rwodzi.

The magistrate detailed several reasons for the acquittal including Masendeke’s Inconsistent statements where she allegedly made three separate statements to the police that were not consistent with each other.

She also said the accused, Martin Nigel Charlie admitted to paying Masendeke US$20 for consensual sex, which Rwodzi noted Masendeke used for her own purposes.

“She used the money for her own purposes,” said magistrate Rwodzi.

She also highlighted that Masendeke failed to resist or raise an alarm during the alleged incident at Paradise Lodge on Frank Johnson Avenue and she never attempted to leave the lodge.

The magistrate also stated Masendeke confirmed that she did not have the motivation to report the alleged rape and only reported the alleged rape after being ordered to do so by her husband, not on her own volition.

Regarding the encounter with Charlie, Rwodzi ruled Masendeke was an “active participant,” citing evidence that she took the lead by climbing on top and guiding penetration – behaviour deemed inconsistent with rape.

“She concealed that she took the lead in the sex,” said magistrate Rwodzi.

During trial, Masendeke testified that Dube and Charlie took turns raping her without protection at Paradise Lodge, claiming she felt intimidated and threatened.

However, the defendants presented contrasting accounts. Charlie maintained the encounter with Masendeke was consensual and that he paid her US$20. Dube categorically denied ever having any sexual intercourse with Masendeke.

The verdict was delivered with Masendeke present in court, seated beside her dreadlocked husband.