The trial of Prophet Tapiwa Freddy continued last Friday with his defence team playing an audio in which the complainant allegedly apologized for falsely accusing him of rape.
FreddyThe state, represented by Sheila Mupindu, had opposed the production of the audio in court on the basis that she hadn’t been served by the defence prior to its production.
Freddy’s lawyers, Everson Chatambudza and Jivas Mudimu, argued he had no legal obligation to reveal materials to be produced during cross examination.
Presiding magistrate Gloria Takundwa, ruled in Freddy’s favour and allowed the audio to be played.
In the audio recording, it appeared as if the complainant was apologising to Freddy for lying that she had bloody cuts on her thighs, after the alleged rape and she had done it to “spice things up”.
The complainant was quizzed by Chatambudza over why she spoke like that to Freddy, sounding as if she was happy with their intimacy, if she had, indeed, been raped.
In response, she said she had been intimidated into apologizing and discussing their intimate life.
Chatambudza also quizzed the complainant on some of the things she said in her testimony before the court and why they were not in the statement she gave to the police.
“In the audio you said to your aunt you were in a relationship with the accused and would only engage in intercourse after November 17, 2020,which was the date that your husband passed away, the previous year.
“Why were you discussing this if you weren’t in a relationship?
“It’s clear that that you were in a relationship and love affair before November 2020 and you are now talking about courtship to confuse this court and everyone else in here.
Why didn’t you tell the police that he forced himself into your house, after you had barred him, he should have been charged for unlawful entry.
There is no mention of the Bible verse in your statement to the police and you didn’t mention to the police that he was saying, ‘Thank you Lord, as he raped you, those were vital details,” he said.
In response, the complainant said she was overwhelmed when she made the police report, and ended up leaving out some details.
Chatambudza argued that leaving out some information shows she is not a credible witness and her evidence should not even be trusted as she has given conflicting versions so far.
Trial continues on Thursday.
