HomeCrime & CourtsHoly 10 Walks Free as State Drops Rape Charges

Holy 10 Walks Free as State Drops Rape Charges

HIP HOP musician Holy 10 is a free man after the State withdrew rape charges against him before plea, citing insufficient evidence to sustain a trial.
This came out when he appeared before Regional Magistrate Francis Mapfumo.

The development follows representations by his lawyer, Admire Rubaya, who challenged the allegations and raised concerns over inconsistencies in the complainant’s account.

In a letter to prosecutors, Rubaya argued that the allegations were fabricated and pointed to an independent witness who could shed light on the events leading to the accusations.

The defence also questioned the medical evidence, arguing that the examination findings did not establish forced penetration or corroborate the rape allegations.

“What is clear is that these allegations of rape are false and fabricated. There is an independent witness (name withheld), who can clearly provide independent evidence regards the falsity of these allegations and what transpired, which resulted in these allegations being raised against our client.”

Rubaya further claimed that the complainant had initially told police that nothing had happened before later changing her account. He also alleged that she had been pressured by a relative to make the accusations.

“In our respective view, there is no evidence which can sustain a proper criminal rape trial or even one for having sexual intercourse with a minor. We have considered the alleged medical evidence, which was prepared by a registered nurse. What is both surprising and astounding is that when she was medically examined, there was no evidence of rape, the findings by the medical practitioner were contrary.

“There were healed hymenal tears at 3 and 9 O’clock. There were no bruises or abrasions noted on the complainant’s genitalia as evidence of forced penetration, if there was any penetration at all,” he said in the letter.

The lawyer highlighted what he described as contradictions in the complainant’s account, particularly her claim that Holy 10 locked a room from inside before four other men allegedly entered and participated in the assault.

The defence argued that these inconsistencies undermined the credibility of the allegations and left the State without sufficient evidence to proceed.

The State subsequently withdrew the charges before plea, bringing the case against the musician to an end.

 

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