Brian Dhlamini of Masvingo was acquitted of rape and released from prison after spending two years in prison. The conviction was quashed by High Court Justice Garainesu Mawadze who lashed out at the trial magistrate for her shoddy work. Dhlamini was convicted of rape in 2015, although he claimed that his ex-girlfriend had fabricated charges against him because he had refused to marry her, despite impregnating her.
Justice Mawadze found substance in the claim and ruled
I have no doubt that the trial magistrate presided over a shoddy trial. This led to a miscarriage of justice. It is saddening that the trial court went on to convict the unsophisticated and unrepresented accused instead of giving him the benefit of the doubt in relation to the issue of consent. Accordingly, the conviction of the accused is hereby set aside, and the sentence quashed. I have issued a warrant of liberation of the accused.
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