By DELPHINE ZULU –
THE Lusaka Magistrates’ Court has acquitted Zambian Voice executive director Chilufya Tayali of rape.
The court acquitted Tayali on grounds that there was consent by the victim to have sex with him at Barn Motel in Lusaka.
Mr Tayali was charged with raping the woman on July 16, 2012 at Barn Motel.
Magistrate William Banda in handling down the judgment contended that it would be dangerous for him to convict him on uncorroborated and untested evidence before court.
“The State failed to satisfy the ingredients of rape and to prove the case beyond any reasonable doubt, so many questions went unanswered, making it dangerous to convict him, it appears to me there was consent because there is nothing to show that she was raped, I therefore acquit him,” Mr Banda said.
Mr Banda said the victim failed to prove to the court that she was forced into having sex with him on the material day, such as having screamed for help or torn clothing, an indication that she was of sound mind when she had sex.
He said the victim’s testimony that she tried to run away and screamed for help but could not be heard, was an afterthought because room 40, they were in, is close to the reception.
The Magistrate said even the issue of intoxication did not arise because there was no evidence that she was drunk during her testimony and that there was no resistance when she was pushed on the bed and undressed, until they finished having sex.
Tayali said after judgment that he was happy with the outcome.