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Court Reporter
A lawyer representing one of the touts accused of indecently assaulting a woman at the Simon Vengai Muzenda Street (formerly Fourth Street) rank has said the woman’s evidence is unreliable.

Mr Nathaniel Chigoro, who is representing Marvellous Kandemiri, submitted in his application for discharge at the close of the State’s case that the woman’s evidence was riddled with inconsistencies.

“The evidence of the complainant vis-a-viz Kandemiri is so unreliable that no reasonable court acting carefully would be able to convict on it,” he said.

“The second State witness pointed out that the inconsistencies are so apparent and could have been a result of confusion on the part of the complainant.”

Mr Chigoro told the court that the evidence of witnesses and video footage also exonerate Kandemiri.

“The investigating officer admitted that Kandemiri was never shown coming in contact with the complainant in the video,” he said. “It is important to note that the act was spontaneous and in the heat of the moment it would be difficult to concentrate on the identities of the assailants. This brings in the video clip, but it exonerates Kandemiri.”

Harare magistrate Ms Rekina Dzvikiti will make a ruling on the application today.

The prosecutor Ms Kudzayi Chigwedere closed her case after calling five witnesses.

Kandemiri and Blessing Chinodakufa (31) pleaded not guilty to indecent assault charges.

Ms Chigwedere alleged the pair and their accomplices still at large stripped the woman when she arrived at Simon Vengai Muzenda Street rank on December 17 last year.

She was on her way to Ruwa and although she made efforts to cover herself up, the accused persons continued pulling her dress up to her waist and lowering her panties.

The court heard that the woman tried to escape into a parked commuter omnibus, but she was pulled out and she fell to the ground.

The woman managed to flee into another commuter omnibus where the driver and the conductor asked her to pay $2 so that they could take her away from the scene.

The offence came to light after a video captured while the woman was being tormented went viral on social media networks.