Courtroom drama. . .Rape suspect demands victim’s panties as evidence

Tsenulo Moyo

Courtroom proceedings are often seen as solemn affairs, but every so often, a case emerges that momentarily turns the legal process into an unexpected spectacle. Such was the case when a 24-year-old rape suspect made an outrageous request that left the court in stunned disbelief.

Claudios Magara, from Umguza District in Matabeleland North Province, appeared before Bulawayo regional magistrate Dambudzo Malunga, facing charges of raping a 15-year-old girl. During the proceedings, he made an unusual demand — to see the victim’s undergarments and clothing from the day of the alleged incident to determine whether they were “spoiled,” arguing that this would prove she was not a virgin as claimed.

“Your Honour, the complainant alleges she was a virgin. May I see the clothes she wore on that day?

Please can she produce her undergarments so we can check for any damage? This will prove she lied,” Magara argued in court. He further insisted that the complainant had also fabricated details about what he was wearing on the day in question.

Magara pleaded not guilty, claiming the accusations stemmed from a personal vendetta. According to his defence, the complainant’s uncle had influenced her to fabricate the rape allegation in retaliation for Magara reporting him to their employer for work negligence.

“The complainant’s uncle told me he would fix me because I reported him to our employer,” Magara stated. He also alleged that the uncle forced his niece to skip school to substantiate her claim against him.

Adding to the courtroom spectacle, Magara confidently presented his wife as his alibi, asserting that she would testify in his favour.

However, when his supposed wife was called to the stand and asked to introduce herself, she gave a different name. While Magara had referred to her as Vanessa Chakupa, she introduced herself as Mellisa Ndlovu. When questioned about the discrepancy, Magara hastily explained that he had “momentarily forgotten” her name.

Ndlovu testified that she and Magara were together at home during the time of the alleged incident, asserting his innocence. She further stated that they had only been married for a year and suggested that Magara’s confusion over her name might have stemmed from knowing someone else with the name Vanessa Chakupa.

The complainant’s uncle, however, provided an account contradicting Magara’s claims. He stated that on the day in question, he noticed Magara disappearing from work. When he returned home during break time, he realized his niece was also missing. He followed her footprints into the fields, where he found her crying. The distressed teenager then recounted that Magara had allegedly attacked and raped her in the bush.

According to the prosecution, on October 10, 2024, at around noon, the complainant had gone to collect firewood in a nearby bush when the accused allegedly ambushed her. It was stated that he approached her from behind, covered her mouth with his jacket, and forcibly raped her. The crime was discovered when her uncle, searching for her, found her in distress and reported the incident to the police, leading to Magara’s arrest. The case has been remanded to January 31 for judgment.

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