Shadreck Mlauzi, the suspended coach of the Zimbabwe national women’s team, has been cleared of all charges of assault and indecent assault brought against him by a fellow Mighty Warriors technical team member.
Harare magistrate Ethel Chichera stated in her ruling that the complainant’s evidence was dubious and contradictory, and she speculated that the accusations might have been made up to discredit the football mentor.
The Magistrate further stated that the State’s case could not stand because, according to WhatsApp conversations between Mlauzi and the complainant, the two had continued to flirt even after the alleged infractions.
“The WhatsApp messages show that they were flirting after the alleged offence. That conduct was inconsistent with someone who was unhappy with how she was treated.
“It is the duty of the State to prove beyond any reasonable doubt. In my view the State failed to prove its case beyond reasonable doubt.
“The complainant’s statement had inconsistencies.”
The Magistrate pointed out that the complainant “once said that the accused tried to grab her thighs, but she stepped back and then changed goalposts saying he touched her buttocks”.
She added, “If the act being alleged is changed, it becomes questionable. The complainant has shown herself to be not a credible witness.”
Mlauzi was facing charges of assault and indecent assault.
Prosecutors alleged that he tried to kiss the complainant, while they were at a training camp for the COSAFA Women Soccer Tournament in September last year.
It was also alleged that he grabbed her buttocks saying “chimbondipawo zvinhu izvi ndimbozvinzwa” (let me have a taste of those things).
Mlauzi had denied the charges, telling the court that he and his accuser were in an online relationship for months prior to their first meeting in September.
The coach had also argued that he believed that the allegations against him were a plot to tarnish his reputation.
He said the complainant was being used by his enemies.
In handing down her judgement, Chichera said in such cases, evidence should be treated with caution because it will just be the word of the complainant against that of the accused.
“The essential elements of assault are intention to harm. The first time she reported this, the complainant said the accused had tried to force a kiss.
“The complainant then introduced an issue of being raped, at the police station. She also made another statement when she appeared in court.
“Why would she have such inconsistent statements? The only conclusion is that there is either no incident or that she wanted to exaggerate the matter.
“The court did not believe that the complainant was assaulted in any way,” said the Magistrate.
